(a) Notwithstanding Health and Safety Code, §161.0073
and §161.008, and subject to the provisions of the department's
data usage agreement, a health information exchange, as defined in
Health and Safety Code, Chapter 182, may access and transmit health-related
information under Health and Safety Code, §161.007(d), §161.00705(a), §161.00706(b),
and §161.008(i), if the access or transmittal is:
(1) made for the purpose of assisting in the reporting
of immunization registry information to the appropriate agency;
(2) requested and authorized by the appropriate health
care provider, practitioner, physician, facility, or other person
who is required to report data elements regarding an immunization
record as outlined in Health and Safety Code, Chapter 182;
(3) made in accordance with the applicable consent
requirements for the immunization registry under Health and Safety
Code, Chapter 182; and
(4) made in accordance with the requirements of Health
and Safety Code, Chapter 182 and all other state and federal law.
(b) A health information exchange may only use and
disclose the information that it accesses or transmits under subsection
(a) of this section in compliance with this chapter and all applicable
state and federal law, and may not exchange, sell, trade, or otherwise
make any prohibited use or disclosure of the information.
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