PRINTER'S NO. 1491
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1380
Session of
2021
INTRODUCED BY PISCIOTTANO, MIHALEK, ROTHMAN, N. NELSON, BOBACK,
SANCHEZ, ROWE, WEBSTER AND A. DAVIS, MAY 10, 2021
REFERRED TO COMMITTEE ON HEALTH, MAY 10, 2021
AN ACT
Providing for COVID-19 vaccine personal information privacy; and
imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the COVID-19
Vaccine Personal Information Privacy Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"COVID-19." The novel coronavirus as identified in the
proclamation of disaster emergency issued by the Governor on
March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020).
"COVID-19 vaccine." An injectable medication, biological or
immunization authorized or approved by the United States Food
and Drug Administration for COVID-19.
"COVID-19 vaccine provider." A person or entity authorized
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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
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.
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Section 3. 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 4. Applicability.
This act shall not apply to medical records that a COVID-19
vaccine provider is required to retain under Federal or State
law.
Section 5. Violation of Unfair Trade Practices and Consumer
Protection Law.
A violation of section 3 constitutes unfair methods of
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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.
Section 6. Effective date.
This act shall take effect immediately.
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