| (a) A child's legally authorized representative may
consent to the inclusion of the child's immunization history in the
immunization registry by doing one of the following:
(1) indicating consent at birth certificate registration,
including by electronic signature;
(2) submitting written notification to the department
in a format prescribed by the department or substantially similar
and mailed to the 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, or by calling the Immunization
Unit at (800) 252-9152 to request a consent form;
(3) completing written or electronic consent to be
submitted to a health care provider, birth registrar, regional health
information exchange, or local immunization registry, who may review
that consent and affirm that consent has been obtained via an affirmation
process as directed by the department.
(b) Unless otherwise provided by §100.7 of this
title (relating to Potential and Declared Disasters, Public Health
Emergency, Terrorist Attack, Hostile Military or Paramilitary Action,
and Extraordinary Law Enforcement Emergency Event), the department
shall verify consent before including the reported information regarding
the child in the immunization registry. Under Texas Health and Safety
Code, §161.007(a)(5), the department may elect to verify consent
by receiving affirmation from a health care provider, birth registrar,
regional health information exchange, or local immunization registry
that consent has been obtained. The department shall provide notice
to a provider that submits data elements for an individual for whom
consent cannot be verified. The notice shall contain instructions
for obtaining and affirming consent and resubmitting the data elements
to the department.
(c) Consent is required to be obtained only one time,
and is valid until the child becomes 18 years of age, unless the consent
is withdrawn in writing.
(d) A legally authorized representative of a child
may withdraw consent for the child to be included in the immunization
registry at any time by submitting written notification to the department
in a format prescribed by the department or substantially similar
and mailed to the 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, or by calling the Immunization
Unit at (800) 252-9152 to request a consent withdrawal form. Unless
otherwise provided by §100.7 of this title, the department shall
remove information from the immunization registry for any individual
for whom consent has been withdrawn, and the department shall send
the legally authorized representative a written confirmation of the
removal of the information. The department may not retain identifiable
information about any individual for whom consent has been withdrawn
except as provided for by §100.7 of this title.
(e) A legally authorized representative may request
exclusion of a child's immunization history from the immunization
registry by doing one of the following:
(1) indicating the request for exclusion at birth certificate
registration, including by electronic signature; or
(2) submitting written notification to the department
in a format prescribed by the department or substantially similar
and mailed to the 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, or by calling the Immunization
Unit at (800) 252-9152 to request an exclusion form. Unless otherwise
provided by §100.7 of this title, on receipt of a written request
to exclude a child's immunization records from the immunization registry,
the department shall send the legally authorized representative a
written confirmation of receipt of the request, and shall exclude
the child's records from the immunization registry. The department
may not retain individually identifiable information about any individual
for whom an exclusion has been requested, unless otherwise allowed
under §100.7 of this title.
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