§ 1129. Immunization registry

(a) A health care provider shall report to the Department all data regarding immunizations of adults and of children under 18 years of age within seven days of the immunization, provided that required reporting of immunizations of adults shall commence within one month after the health care provider has established an electronic health records system and data interface pursuant to the e-health standards developed by the Vermont Information Technology Leaders. A health insurer shall report to the Department all data regarding immunizations of adults and of children under 18 years of age at least quarterly. All data required pursuant to this subsection shall be reported in a format required by the Department.

(b) The Department may use the data to create a registry of immunizations. Registry information shall remain confidential and privileged, except as provided in subsections (c) and (d) of this section. Registry information regarding a particular adult shall be provided, upon request, to the adult, the adult’s health care provider, and the adult’s health insurer. Registry information regarding a particular minor child may be provided, upon request, to school nurses, or in the absence of a nurse on staff, administrators, and upon request and with written parental consent, to licensed day care providers, to document compliance with Vermont immunization laws. Registry information regarding a particular child shall be provided, upon request to the minor child’s parent or guardian, health insurer, and health care provider, or to the child after the child reaches the age of majority.

(c) The Department may exchange confidential registry information with the immunization registries of other states in order to obtain comprehensive immunization records.

(d) The Department may provide confidential registry information to health care provider networks serving Vermont patients; to the Vermont Health Information Exchange; and, with the approval of the Commissioner, to researchers who present evidence of approval from an institutional review board in accordance with 45 C.F.R. § 164.512.

(e) Prior to releasing confidential information pursuant to subsections (c) and (d) of this section, the Commissioner shall obtain from State registries, health care provider networks, the Vermont Health Information Exchange, and researchers a written agreement to keep any identifying information confidential and privileged.

(f) The Department may share registry information for public health purposes in summary, statistical, or other form in which particular individuals are not identified, except as provided in subsections (c) and (d) of this section.

(g) As used in this section, “administrator” means an individual licensed under 16 Vt. Stat. Ann. chapter 5, the majority of whose employed time in a public school, school district, or supervisory union is assigned to developing and managing school curriculum, evaluating and disciplining personnel, or supervising and managing a school system or school program. “Administrator” also means an individual employed by an approved or recognized independent school, the majority of whose assigned time is devoted to those duties. (Added 1997, No. 91 (Adj. Sess.), § 1; amended 2007, No. 204 (Adj. Sess.), § 11; 2015, No. 37, § 8; 2021, No. 9, § 14a, eff. April 17, 2021.)