10 GCA § 3326.1
Guam Immunization Registry
View official PDF ↗(a)All health care providers performing immunizations to children and adults shall submit immunization reports to the Department of Public Health and Social Services (Department) in a manner compliant with the guidelines for submissions issued by the Department, which shall, at a minimum, indicate the name, date, age, and gender, and specific immunization received by the patient. CH. 3. PUBLIC HEALTH AND SOCIAL SERVICES
(1)All immunization records and reports made for the purposes of compliance with this Section that directly or indirectly identify a person shall be kept confidential and shall not be disclosed, except under the following conditions:
(A)the person identified, the person’s legal guardian, or in the case of a minor, the minor’s parent or legal guardian consents;
(B)disclosure is deemed necessary by the Director of the Department to carry out the purposes and intent of this Chapter;
(C)a court directs upon its determination that disclosure is necessary for the conduct of proceedings before it;
(D)the disclosure is made between the person’s healthcare provider and payer to obtain reimbursement for services rendered to the person; provided, that disclosure shall be made only if the provider informs the person that a reimbursement claim will be made to the person’s payer, the person is afforded an opportunity to pay the reimbursement directly, and the person does not pay; or
(E)the Department of Public Health and Social Services releases aggregate immunization information that does not disclose any identifying information of persons whose information is maintained in the registry.
(2)Registry information shall be limited to patient name, demographic information, and contact information; information specific to immunizations or medication received by the patient, including types, manufacturers, lots numbers, expiration dates, anatomical sites of administration, routes of administration, vaccine information statement publication dates, doses, dates administered, the patient’s history of vaccine, preventable diseases, and contraindications, precautions, adverse reactions to, or comments regarding immunization or medications; and the name and contact information of the vaccination CH. 3. PUBLIC HEALTH AND SOCIAL SERVICES administrator or medication provider and the patient’s healthcare provider.
(3)The Department of Public Health and Social Services shall adopt administrative, physical, and technical measures to ensure the security of the registry; protect the confidentiality, integrity, and availability of registry data; and prevent unauthorized access to registry information.
(b)Purpose for Access to Registry Information; Access not Disclosure.
(1)Notwithstanding Subsection (a)(1), it shall not be a disclosure for the persons listed in Paragraphs (2), (3),
(4)and
(5)of this Subsection to have limited access to registry information for the purposes specified in each Subsection.
(2)Registry information regarding specific individuals in the registry may be accessed by authorized healthcare providers who are treating, have treated, or have been assigned to treat those individuals; by authorized employees of these healthcare providers; and, by authorized DPHSS health personnel assigned to monitor the immunization or health status of those individuals for the purposes of:
(A)recording the administration of any vaccination, including the pandemic influenza vaccine;
(B)determining the immunization history of a patient to deliver healthcare treatment accordingly;
(C)notifying individuals or parents or legal guardians of the need to schedule a visit for an immunization;
(D)generating official immunization records;
(E)ensuring compliance immunization requirements; with mandatory
(F)recording the distribution of the prophylactic and treatment medications administered or dispensed in preparation for, and in response to, a potentially catastrophic disease threat; or CH. 3. PUBLIC HEALTH AND SOCIAL SERVICES
(G)complying with the Guam Immunization Program.
(3)Registry information regarding specific individuals in the registry may be accessed by school and post-secondary school personnel authorized by the Director of Public Health and Social Services, the Superintendent of the Guam Department of Education, or the administrator of a private or post-secondary school for the purpose of ensuring compliance with mandatory student immunization requirements.
(4)Registry information regarding specific individuals in the registry may be accessed by authorized health organizations that have been contracted to provide health insurance or health plan coverage for those individuals; provided, that access is limited to only the enrollees, members, subscribers, and insured of the authorized health organization, and for the purpose of producing an immunization assessment report by the authorized health organization.
(5)Registry information regarding specific individuals in the registry may be accessed by the Department, or agents of the Department, for the purposes of:
(A)ensuring compliance immunization requirements; with mandatory
(B)performing immunization related quality improvement or quality assessment activities;
(C)complying with Guam Vaccines for Children and/or other provided vaccine programs, vaccine ordering and accountability policies and procedures;
(D)producing aggregate immunization assessment reports to monitor and improve public health;
(E)supporting efforts to prevent and manage outbreaks of vaccine-preventable diseases, including pandemic influenza; CH. 3. PUBLIC HEALTH AND SOCIAL SERVICES
(F)assisting the Department in the event of a public health emergency; or
(G)managing and maintaining Immunization Registry system. the Guam
(6)The use of the registry information accessed pursuant to this Section shall be limited to an authorized vendor for registry development, maintenance and support.
(c)Registry Record Requirements. The establishment of an individual’s record in the registry shall not require the prior consent of a patient, the consent of the legal guardian of a patient, or the consent of a patient’s parent or legal guardian in the case of a minor or dependent. The Department shall make available to the patient or patient’s parent or legal guardian in the case of a minor or dependent, via the patient’s health care provider or birthing hospital, a written description of the purpose and benefits of the Guam Immunization Registry, as well as the procedure for refusing inclusion in the registry.
§ The story of this section
- Enacted by P.L. 32-73 § 2 — introduced as Bill 98-32 · introduced by Dennis G. Rodriguez, Jr · lead sponsor unverified
Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.