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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 103INJURY PREVENTION AND CONTROL
RULE §103.3Confidentiality

(a) All information and records relating to injuries received by the local health authority or the department, including information electronically submitted to the Texas EMS & Trauma Registries and information from injury investigations, are sensitive, confidential, and not public records.

(b) These records shall be held in a secure place and accessed only by authorized personnel. All communications pertaining to these records shall be clearly labeled "Confidential" and will follow established departmental internal protocols and procedures.

(c) Information or records relating to any personal injury may not be released or made public on subpoena or otherwise, except that release may be made:

  (1) for statistical purposes, if released in a manner that prevents the identification of any person;

  (2) with the consent of each person identified in the information released; or

  (3) to medical personnel in a medical emergency to the extent necessary to protect the health or life of the named person.

(d) The department may limit the release of record-level data for medical research to those studies with high scientific merit and have been approved by the department’s Institutional Review Board.

(e) A reporting entity may request in writing its own reportable data that has been submitted to the Registries.


Source Note: The provisions of this §103.3 adopted to be effective December 16, 2007, 32 TexReg 9130; amended to be effective April 2, 2017, 42 TexReg 1457

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