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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 1MISCELLANEOUS PROVISIONS
SUBCHAPTER WPRIVACY POLICY
RULE §1.504Correction Procedure

(a) Acknowledgement. The program within the department shall provide an acknowledgement of receipt of the correction request to the requesting individual within 10 days from the receipt of the request.

(b) Review of request. The program with custody and control of the information shall review the information identified by the individual as incorrect and determine whether the information is in fact incorrect in the department's record.

  (1) If the department determines that the information is incorrect in an electronic record or form, an individual with authority to access the information shall enter the correction into the record by electronic media, at or near the place where the incorrect information appears with the date, reason for the correction, by whom the correction was requested, and by whom the correction was made.

  (2) If the department determines that the information is incorrect in a paper record or form, an individual with authority to access the information shall insert the information as submitted by the individual requesting the correction, along with an entry of the date, and the name of the individual inserting the correction.

  (3) If the department determines that the information is correct, no correction shall be made to the information, and no entry of the request for correction shall be made in the department's record.

(c) Notification. The program or division within the department shall notify the individual that the record is already correct or has been corrected and provide the individual with a copy of the corrected information.

(d) Charges. The department shall not charge or bill a requesting individual for correction of an incorrect record.

(e) Records. The department shall not alter or destroy an original agency record or document in its possession except as required or authorized by law.


Source Note: The provisions of this §1.504 adopted to be effective February 12, 2012, 37 TexReg 496

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