2005 Idaho Code - 39-4803 — IMMUNIZATION REGISTRY

                                  TITLE  39
                              HEALTH AND SAFETY
                                  CHAPTER 48
                                 IMMUNIZATION
    39-4803.  IMMUNIZATION REGISTRY. (1) The department of health and welfare
shall provide for the establishment of a voluntary registry of the
immunization status of Idaho children against childhood diseases. The registry
may be maintained and its data disclosed as set out herein to further the
following purposes:
    (a)  To make immunizations readily available to every Idaho citizen that
    desires to have their child immunized;
    (b)  To increase the voluntary immunization rate in Idaho to the maximum
    extent possible without mandating such immunizations;
    (c)  To recognize and respect the rights of parents and guardians to make
    health care decisions for their children;
    (d)  To provide for timely reminders to parents of children in the
    registry.
    (2)  The name of a child or information relating to the immunization
status of that child may be collected or included in the registry only upon
the separate and specific written authorization of a parent, guardian or other
person legally responsible for the care of the child. Such authorization may
not be part of a general authorization or release. The registry may contain
only the following information for each child:
    (a)  The child's name, address and birth date;
    (b)  The name and address of each parent of the child;
    (c)  The month, day, year and type of each immunization that has been
    administered to the child;
    (d)  The name, address and phone number of each provider that has
    administered an immunization to the child;
    (e)  If requested by a parent or guardian, any statement made pursuant to
    subsection (4) of this section;
    (f)  Other information as authorized or requested by a parent or guardian.
    (3)  The department of health and welfare may only disclose information
relating to an individual child in the registry to the following upon a
specific request:
    (a)  Employees of the health district in which the child resides or seeks
    medical services;
    (b)  Health records staff of the school or school district in which the
    child is enrolled;
    (c)  The operator of a licensed child care facility in which the child is
    enrolled;
    (d)  Persons who are legally responsible for the long-term care of the
    child, including operators of licensed ICF/MR's and residential or
    assisted living facilities, adoptive and foster parents and a guardian
    appointed pursuant to chapter 5, title 15, Idaho Code;
    (e)  Any health care provider rendering treatment to the child, and the
    provider's agents;
    (f)  Any person possessing a lawful release, properly executed by the
    child's parent or guardian;
    (g)  A parent of the child;
    (h)  Any hospital where the child is receiving care.
    (4)  A parent or guardian of the child shall have free and open access to
all information in the registry that relates to their child or themselves.
Upon the written request of a parent or guardian, the department of health and
welfare shall:
    (a)  Cause all information relating to the child to be removed from the
    registry and any databases or files of other entities or persons to which
    information in the database has been disclosed;
    (b)  Include in the registry the statement of a physician or parent
    pursuant to section 39-4802(2) or 39-1118(2), Idaho Code.
    (5)  All information contained in the registry or disclosed from it is
confidential and may not be sold and may only be disclosed as specifically
authorized in this section. A person or entity to whom information is
disclosed from the registry may not thereafter disclose it to others. Any
person who discloses or authorizes disclosure of any information contained in
the registry, except as authorized in this section is guilty of a misdemeanor
and is liable for civil damages in the amount of one hundred dollars ($100)
for each violation.