25 Tex. Admin. Code § 100.7 - Potential and Declared Disasters, Public Health Emergency, Terrorist Attack, Hostile Military or Paramilitary Action, and Extraordinary Law Enforcement Emergency Event
(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.
Notes
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