adult immunizations; reporting requirements

SB1769 - 572R - I Ver

REFERENCE TITLE:
adult immunizations; reporting requirements

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1769

Introduced by

Senator
Gonzales

AN
ACT

amending section 36-135, Arizona
Revised Statutes; relating to the department of health services.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 36-135, Arizona Revised
Statutes, is amended to read:

START_STATUTE
36-135.

Immunization reporting system; required information; access;
confidentiality; immunity; violation; classification; definitions

A. The
child
immunization
reporting system is established in the department to collect, store, analyze,
release and report immunization data.

B. A health care professional who is licensed under
title 32 to provide immunizations, except as provided in subsection I of this
section, shall report the following information:

1. The health care professional's name, business
address and business telephone number.

2.
If the patient is a child,
the
child's name, address, social security number
,
if known
and not confidential, gender, date of birth and mother's maiden name.

3. If the patient is an adult, the
patient's name, address, social security number, if not confidential, and date
of birth.

3.
4.
The
type of vaccine administered and the date it is administered.

C. The health care professional may submit this
information to the department on a weekly or monthly basis by telephone, fax,
mail, computer or any other method prescribed by the department.

D. Except as provided in subsection I of this
section, the department shall release identifying information only to the
person
patient
, the
person's
patient's
health care decision maker, parent or guardian, a
health care provider, an entity regulated under title 20, the Arizona health
care cost containment system and its contractors as defined in chapter 29 of
this title, its external quality review organization or any other entity that
has a business associate agreement with the Arizona health care cost containment
system, a school official who is authorized by law to receive and record
immunization records, a person or entity that provides services to a health
care provider and with whom the health care provider has a business associate
agreement that requires the person or entity to protect the confidentiality of
the information, as required by the health insurance portability and
accountability act privacy standards (45 Code of Federal Regulations
part 164, subpart E) or a nonprofit health information organization as
defined in section 36-3801 that is designated by the department as this
state's official health information exchange organization.� The department may
also release identifying information to an entity designated by the
person
patient
or the
person's
patient's
health care decision maker, parent or
guardian. The department, by rule, may release immunization
information to persons for a specified purpose. The department may release
nonidentifying summary statistics.

E. Identifying information in the system is
confidential. A person who is authorized to receive confidential
information under subsection D of this section or pursuant to rules adopted by
the department shall disclose this information only as
permitted
allowed
by this section or rules adopted by the department.

F. A health care provider that provides information
in good faith pursuant to this section is not subject to civil or criminal
liability.

G. A health care provider that does not comply with
the requirements of this section violates a law applicable to the practice of
medicine and commits an act of unprofessional conduct or a violation of chapter
4 of this title.

H. Any agency or person receiving confidential
information from the system who subsequently discloses that information to any
other person other than as
permitted

allowed
by this section is guilty of a class 3 misdemeanor.

I. At the request of the
person
patient
, or if the
person

patient
is a child the child's parent or guardian, the department
of health services
shall provide a form to be signed that allows
confidential immunization information to be withheld from all persons
,
including persons authorized to receive confidential
information pursuant to subsection D of this section. If the request
is delivered to the health care professional before the immunization, the
health care professional shall not forward the information required under
subsection B of this section to the department.

J. For the purposes of this section, "health
care decision maker" and "health care provider" have the same
meanings prescribed in section 12-2291.
END_STATUTE