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RULE §100.3Informing Parent, Managing Conservator, or Legal Guardian

(a) A parent, managing conservator or legal guardian of a patient younger than 18 years of age shall be informed, via the methodology described at subsection (b) of this section, that the department has established and maintains an immunization registry for the primary purpose of establishing and maintaining a single repository of immunization records to be used in aiding, coordinating, and promoting efficient and cost-effective childhood vaccine-preventable disease prevention and control efforts.

(b) The department shall provide written materials and forms to providers for the purpose of informing a parent, managing conservator or legal guardian about the immunization registry and specific information collected in that registry.

(c) The department and providers may use the registry to provide notices by mail, telephone, personal contact, or other means to a parent, managing conservator or legal guardian regarding his or her child who may be due or overdue for a particular vaccine according to the department's immunization schedule.

(d) The first time the department receives registry data, from a person other than the child's parent, managing conservator or legal guardian, for a child for whom the department has received consent to be included in the registry, the department shall send a written notice to the parent, managing conservator or legal guardian disclosing:

  (1) that providers and payors may be sending the child's immunization information to the department;

  (2) the information that is included in the registry;

  (3) the persons to whom the information may be released;

  (4) the purpose of the registry;

  (5) the procedure to exclude a child from the registry; and

  (6) the procedure to report an alleged violation if a parent, managing conservator or legal guardian discovers a child is included in the registry after exclusion has been requested.

Source Note: The provisions of this §100.3 adopted to be effective May 6, 2004, 29 TexReg 4155; amended to be effective August 17, 2008, 33 TexReg 6384

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