Texas Register

TITLE 22 EXAMINING BOARDS
PART 41TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL
CHAPTER 882APPLICATIONS AND LICENSING
SUBCHAPTER CDUTIES AND RESPONSIBILITIES
RULE §882.37COVID-19 Vaccine Passports Prohibited
ISSUE 10/01/2021
ACTION Proposed
Preamble Texas Admin Code Rule

(a)In this rule, COVID-19 has the same meaning assigned by §161.0085 of the Health and Safety Code.

(b)A licensee shall not require an individual to provide any documentation certifying the individual's COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from the licensee or the licensee's practice.

(c)Notwithstanding subsection (b) of this section, licensees may implement COVID-19 screening and infection control protocols in accordance with state and federal law to protect public health.

(d)This rule shall not operate or be construed to interfere with an individual's right to access the individual's personal health information under federal law.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on September 16, 2021

TRD-202103683

Darrel D. Spinks

Executive Director

Texas Behavioral Health Executive Council

Earliest possible date of adoption: October 31, 2021

For further information, please call: (512) 305-7706



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