AB-1797 Immunization registry. (Weber) This bill would require health care providers and other agencies to disclose immunization information to a state database, would add the patient’s race or ethnicity to the list of information being disclosed.
CURRENT STATUS: Signed into law by Governor Newsom on September 27, 2022.
Talking Points for AB 1797
Specific Ask: Oppose AB 1797 or abstain from voting on the bill.
Main Talking Points
- Any private medical information should only be stored and shared with the express written permission of the patient or the parent or guardian of the patient. Currently, the only option for patients is to refuse to allow their personal medical information to be shared, however, the local health department and the State Department of Public Health may maintain access to the information. The CAIR2 database should be an opt in system.
- The risk of violating patient privacy is significant. There is a history of database breaches in California. Here are two recent examples of privacy breach in California:
- Just this year, the State Bar of California experienced a data breach of confidential information. https://www.latimes.com/california/story/2022-02-27/california-bar-investigates-possible-data-breach-after-discipline-records-published-online
- In 2018, the California Department of Developmental Services notified 582,174 patients that their protected health information had potentially been compromised. https://www.hipaajournal.com/california-dept-of-developmental-services-582000-patients-phi/
- The California Constitution gives each citizen an "inalienable right" to pursue and obtain "privacy.” Many other California laws protect the medical information of individuals.
- While the stated intention of this bill is to keep schools safe and open by tracking COVID-19 vaccination status, no state requirement for students to be vaccinated for COVID-19 exists at this time. Furthermore, children have a very low risk of severe disease or hospitalization from COVID-19 and multiple studies have shown that fewer than 5% of COVID cases in school came from within the school.
- Lastly, some patients want to get vaccinated, but they do not want their information in the CAIR2 system. To avoid being part of the database, they might choose to avoid vaccination, resulting in fewer people getting vaccinated.
