††††† 902 KAR 2:055. Immunization data reporting and exchange.
††††† RELATES TO: KRS 158.035, 211.090, 211.180, 214.032-214.036, 45 C.F.R. 164.510, 164.512(b)
††††† STATUTORY AUTHORITY: KRS 158.037, 194A.050, 211.090(3), 214.034
††††† NECESSITY, FUNCTION, AND CONFORMITY: EO 2003-64, effective December 16, 2003, reorganized the Cabinet for Health Services and placed the Department for Public Health and the Division of Epidemiology and Health Planning under the Health and Family Services Cabinet. KRS 211.180 requires the Cabinet for Health and Family Services to implement a statewide program for the detection, prevention and control of communicable diseases. KRS 214.034 requires public or private primary or secondary schools, day-care centers, certified family child-care homes, or any other licensed facility which cares for children to maintain a current immunization certificate on file for each child in attendance. KRS 158.035 prohibits a child from enrolling as a student in a public or private elementary or secondary school unless the child presents with a current immunization certificate issued by a licensed medical or osteopathic physician. KRS 158.037 requires the Cabinet for Health and Family Services to promulgate administrative regulations for public or private schools to report immunization results to local health departments. 45 C.F.R. 164.512(b), Federal Health Insurance Portability and Accountability Act (HIPAA), permits disclosure of protected health information (PHI) to local and state public agencies for public health activities and purposes without written authorization of the individual. Vaccinations to prevent disease are a core public health function. Reporting vaccination status constitutes infectious disease control and surveillance. This administrative regulation establishes requirements for reporting immunization results in schools, preschools, and day care facilities and permits recording and exchange of immunization data.
††††† Section 1. Definitions. (1) "Public health entity" means health care providers, health insurers, public and private elementary and secondary schools, childcare facilities, preschools, public or private postsecondary educational institutions, and state and local health departments who are involved in the collection, recording, and exchange of immunization information for public health purposes.
††††† (2) "Public health interest" means participation in core public health functions such as surveillance, data collection, vaccination, vaccination certification, or prevention of communicable diseases for the protection of the publicís health and safety.
††††† Section 2. Immunization Reporting. (1) Day care centers, head start programs, kindergartens and public and private elementary and secondary schools shall submit to the local health department in their area immunization results on the Commonwealth of Kentucky School/Facility Annual Immunization Survey.
††††† (2) The annual survey shall include the number of:
††††† (a) Students in the grade surveyed;
††††† (b) Missing immunization records;
††††† (c) Religious exemptions;
††††† (d) Medical exemptions; and
††††† (e) Children who have received age-appropriate immunizations.
††††† Section 3. Immunization Data Exchange. (1) A public health entity may record and exchange immunization data, without authorization from the patient or the patientís parent or guardian, if the patient is a minor, if the person requesting the data provides health related or educational services on behalf of the patient or has a public health interest.
††††† (2) Immunization data may be recorded and exchanged electronically via an immunization registry.
††††† (3) Immunization data that may be exchanged shall include:
††††† (a) Patientís name;
††††† (b) Patientís address;
††††† (c) Date of birth;
††††† (d) Gender;
††††† (e) Social Security number;
††††† (f) Medicaid number;
††††† (g) Birth state;
††††† (h) Birth County;
††††† (i) Motherís name;
††††† (j) Motherís maiden name;
††††† (k) Motherís date of birth;
††††† (l) Motherís Social Security number;
††††† (m) Fatherís name;
††††† (n) Fatherís date of birth;
††††† (o) Fatherís Social Security number;
††††† (p) Guardianís name;
††††† (q) Date vaccines were administered;
††††† (r) Vaccine type;
††††† (s) Vaccine lot number;
††††† (t) Vaccine manufacturer; and
††††† (u) Vaccine contraindications or adverse reaction indications.
††††† (4) This section shall apply to immunization data regardless of when the immunizations occurred or the medium used to collect and exchange the data.
††††† Section 4. Incorporation by Reference. (1) "Commonwealth of Kentucky School/Facility Annual Immunization Survey, 3/2004" is incorporated by reference.
††††† (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Commissioner's Office, Cabinet for Health and Family Services, Department for Public Health, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m. (30 Ky.R. 1990; Am. 2309; eff. 5-24-2004.)