| (a) Pursuant to the Act, Chapter 82, §82.009,
all data obtained is for the confidential use of the department and
the persons or entities, public or private, that the department determines
are necessary to carry out the intent of the Act.
(b) Limited release of the data is allowed by the Act, §82.008(h)
and §82.009(b).
(c) Any requests for confidential or statistical cancer
data shall be made in accordance with §91.11 or §91.12 of
this title (relating to Cancer Registry).
(d) The Texas Cancer Registry is subject to state law
that requires compliance with portions of the federal law and regulations
cited in §91.3(e) of this title (relating to Who Reports, Access
to Records). The department is authorized to use and disclose, for
purposes described in the Act, cancer data without patient consent
or authorization under 45 C.F.R §164.512(a) relating to uses
and disclosures required by law, §164.512(b)(1) and (2) relating
to uses and disclosures for public health activities, and §164.512(i)
relating to uses and disclosures for research purposes.
|
| Source Note: The provisions of this §91.9 adopted to be effective November 7, 2002, 27 TexReg 10387; amended to be effective July 9, 2006, 31 TexReg 5300; amended to be effective August 14, 2011, 36 TexReg 4963; amended to be effective April 2, 2017, 42 TexReg 1450 |
