<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 100IMMUNIZATION REGISTRY
RULE §100.2Confidentiality

(a) Except as provided by Health and Safety Code, Chapter 161, Subchapter A, §161.00705, information that individually identifies a child or other individual, and is received by the department for the immunization registry, is confidential and may be used by the department for registry purposes only. Unless specifically authorized by Health and Safety Code, Chapter 161, Subchapter A, the department may not release registry information to any individual or entity without the written consent of the person or, if a minor, the parent, managing conservator, or legal guardian.

(b) A written confidentiality statement shall be signed by an authorized representative of the user. Any user of the registry shall protect the confidentiality of all immunization histories, records, and reports. Registry information may only be accessed by the limited persons, and used for the limited stated purposes, detailed at §100.5(e) of this title (relating to Receipt and Release of Registry Data). A person required to report information to the department for registry purposes or authorized to receive information from the registry may not disclose individually identifiable information of a child or other individual to any individual or entity without the written consent of the individual or, if a child, the parent, managing conservator or legal guardian, or except as provided by the Occupations Code, Chapter 159, or the Insurance Code, Article 28B.04.

(c) Registry information is not subject to discovery, subpoena, or other means of legal compulsion for release to any person or entity, except as provided by Health and Safety Code, Chapter 161, Subchapter A. Registry information is not admissible in any civil, administrative, or criminal proceeding.


Source Note: The provisions of this §100.2 adopted to be effective May 6, 2004, 29 TexReg 4155; amended to be effective August 17, 2008, 33 TexReg 6384

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page