H1264B1342A00938 MSP:JSL 05/05/21 #90 A00938
AMENDMENTS TO HOUSE BILL NO. 1264 (As amended by A00861)
Sponsor: REPRESENTATIVE PISCIOTTANO
Printer's No. 1342
Amend Bill, page 1, by inserting before line 1 (A00861)
Amend Bill, page 1, line 2, by inserting after "pandemic"
; providing for COVID-19 vaccine personal information
privacy; and imposing penalties
Amend Bill, page 1, line 6 (A00861), by inserting after
"Accountability"
and Vaccine Personal Information Privacy
Amend Bill, page 1, by inserting between lines 16 and 17
(A00861)
"COVID-19 vaccine provider." A person or entity authorized
to distribute or administer a COVID-19 vaccine.
"Health care provider." As follows:
(1) A person, corporation, facility, institution or
other entity licensed, certified or approved by the
Commonwealth to provide health care or professional medical
services.
(2) The term includes a physician, podiatrist,
optometrist, psychologist, psychiatrist, physical therapist,
certified nurse practitioner, nurse midwife, physician
assistant, chiropractor, dentist, pharmacist or an individual
accredited or certified to provide behavioral health
services.
"Health care service." A treatment, admission, procedure,
medical supply and equipment or other service, including
behavioral health, prescribed or otherwise provided or proposed
to be provided by a health care provider.
"Personal information." Information that identifies, relates
to, describes, is capable of being associated with or could
reasonably be linked, directly or indirectly, with a particular
individual or household, including any of the following:
(1) An identifier such as a real name, alias, postal
address, telephone number, unique personal identifier, online
identifier, including an Internet website protocol address,
email address, account name, Social Security number, driver's
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license number, passport number or other similar identifier.
(2) Commercial information, including a product or
service purchased, obtained or considered or other purchasing
or consuming history or tendency.
(3) Biometric information.
(4) Geolocation data.
Amend Bill, page 2, by inserting between lines 42 and 43
(A00861)
Section 4. COVID-19 vaccine personal information privacy.
(a) General rule.--Except as provided in subsection (b), a
COVID-19 vaccine provider shall delete the personal information
of an individual who registered to receive a COVID-19 vaccine
from the COVID-19 vaccine provider but did not receive the
COVID-19 vaccine within six months of the registration. In such
a circumstance, the deletion of the personal information shall
occur:
(1) Within 30 days after the conclusion of the six-month
period following the registration, if the conclusion of the
the six-month period occurs after the effective date of this
subsection.
(2) Within 30 days after the effective date of this
subsection, if the effective date of this subsection occurs
after the conclusion of the six-month period following the
registration.
(b) Exception.--In compliance with Federal and State law, a
COVID-19 vaccine provider may retain the personal information of
an individual if the COVID-19 vaccine provider distributed or
administered a COVID-19 vaccine to the individual or provided
another health care service to the individual within six months
of the individual registering to receive a COVID-19 vaccine from
the COVID-19 vaccine provider.
Section 5. Applicability.
Section 4 shall not apply to medical records that a COVID-19
vaccine provider is required to retain under Federal or State
law.
Section 6. Violation of Unfair Trade Practices and Consumer
Protection Law.
A violation of section 4 constitutes unfair methods of
competition and unfair or deceptive acts or practices within the
meaning of section 2(4) of the act of December 17, 1968
(P.L.1224, No.387), known as the Unfair Trade Practices and
Consumer Protection Law, and shall be subject to the enforcement
provisions, civil penalties and private rights of action
specified in that act.
Amend Bill, page 2, line 43 (A00861), by striking out "4" and
inserting
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Amend Bill, page 2, line 45 (A00861), by striking out "5" and
inserting
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