(a) The immunization registry shall contain information
regarding individuals who receive an immunization, antiviral, or other
medication administered:
(1) to prepare for a potential disaster, public health
emergency, terrorist attack, hostile military or paramilitary action,
or an extraordinary law enforcement emergency event, as those terms
are defined in §100.1 of this title (relating to Definitions);
(2) in response to a declared disaster, public health
emergency, terrorist attack, hostile military or paramilitary action
or extraordinary law enforcement emergency event, as those terms are
defined in §100.1 of this title.
(b) A health care provider who administers an immunization,
antiviral, or other medication as described in subsection (a) of this
section shall provide the data elements to the department, within
30 days of that medical treatment, in a format and manner prescribed
by the department.
(c) The department shall track, in the immunization
registry, adverse reactions to an immunization, antiviral, or other
medication administered as described in subsection (a) of this section.
A health care provider who administers such an immunization, antiviral,
or other medication may provide data related to adverse reactions
to the department, in a format and manner prescribed by the department,
for inclusion in the immunization registry. Department tracking will
be based on the reports it receives under this subsection.
(d) Unless consent is obtained and verified, the individually
identifiable information collected in the immunization registry under
this section shall only be retained in the immunization registry for
a period of five years following the end of the event as described
in subsection (a) of this section. The end date of these occurrences
shall be as specifically provided for by law. In the absence of law
which specifically determines the end date, the department shall determine
such an end date and post that date on its website.
(e) An adult or an individual's legally authorized
representative may consent in writing to the continued inclusion of
the individual's information collected under this section in the immunization
registry past the retention time period specified in subsection (d)
of this section by:
(1) mailing (or faxing) written or electronic notification
to the department, in a format prescribed by the department, at: Department
of State Health Services, Immunization Unit, MC-1946, P.O. Box 149347,
Austin, Texas 78714-9347, or by courier to Department of State Health
Services, Immunization Unit, 1100 West 49th Street, MC-1946, Austin,
Texas 78756, (a consent form may be obtained by calling the Immunization
Unit at (800) 252-9152, or online at https://www.dshs.texas.gov/immunize/immtrac/;
or
(2) completing a consent form document, which must
be verified by affirmation by a health care provider in a manner prescribed
by the department.
(f) The department may release the information collected
in the immunization registry under this section with consent of the
adult or an individual's legally authorized representative, or to
a state agency or health care provider for:
(1) the purposes outlined in Texas Health and Safety
Code, Chapter 161, Subsection A; or
(2) the purpose of aiding and coordinating communicable
disease prevention and control efforts during an event as described
in subsection (a) of this section.
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