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House Bill 91

House Bill 91

Wayne Hoffman
February 6, 2017

Bill description: This legislation would add adults to the state immunization database and penalize medical practitioners who fail to enter the data into the system.

Analyst note: In 1999, the Legislature passed a bill creating a "voluntary" immunization registry. The stated purpose of the immunization registry was to track immunizations for children. This legislation, in Title 39, Chapter 48, Idaho Code, says the registration is designed to help with childhood diseases and "make immunizations readily available to every Idaho citizen that desires to have their child immunized." Among other things, the registry is supposed to remind parents about upcoming recommended immunizations. Since its creation, there have been multiple attempts to make the "voluntary" registry mandatory, often by striking the word "voluntary" in the statute. House Bill 91 represents the latest attempt to add people to the registry.

Rating: -4

Does it create, expand, or enlarge any agency, board, program, function, or activity of government? Conversely, does it eliminate or curtail the size or scope of government?

House Bill 91 would expand the state immunization registry to include adults. The bill accomplishes this in the first subsection by putting the onus on medical practitioners: "Any person licensed under title 54, Idaho Code, who administers immunizations in Idaho shall be required to enter all immunizations,with the exception of influenza vaccines administered to persons nineteen (19) years of age and older, into the Idaho immunization reminder information system created pursuant to section 39-4803, Idaho Code. Immunization providers shall have up to twenty-eight (28) days after administration to enter immunizations into the system." The bill is not only a mandate on providers but expands the original function of the children’s immunization registry referenced in Idaho Code 39-4803 to include adults. (-1)

Does it give government any new, additional, or expanded power to prohibit, restrict, or regulate activities in the free market? Conversely, does it eliminate or reduce government intervention in the market?

The bill places a new requirement on the free market, specifically requiring practitioners to enter information into a state database within a time frame set by the government. (-1)

Does it directly or indirectly create or increase penalties for victimless crimes or non-restorative penalties for non- violent crimes? Conversely, does it eliminate or decrease penalties for victimless crimes or non-restorative penalties for non-violent crimes?

The bill says, "Professional licensing boards established under title 54, Idaho Code, may enforce the provisions of this chapter in accordance with applicable law." This gives regulatory boards broad authority to suspend professional licenses and cause practitioners to incur other sanctions that impact their livelihoods. (-1)

Does it transfer a function of the private sector to the government? Examples include government ownership or control of any providers of goods or services such as the Land Board's purchase of a self-storage facility, mandatory emissions testing, or pre-kindergarten. Conversely, does it eliminate a function of government or return a function of government to the private sector?

Proponents of this bill contend the inclusion of adults in the immunization registry will improve health outcomes because it will help them maintain a more complete record of vaccinations. There are any number of 21st century resources including mobile phone apps, however, that accomplish the same goal. Those apps function across state lines and without the intervention of government. (-1)

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