SECTION 100.10. Complaints

(a) An adult or an individual's legally authorized representative may file a complaint with the department related to the department's alleged failure to comply with a request for exclusion of an individual from the immunization registry by mailing such a complaint to: Manager, Department of State Health Services, Immunization Unit, MC-1946, P.O. Box 149347, Austin, Texas 78714-9347, or by courier to Manager, Immunization Unit, Department of State Health Services, 1100 West 49th Street, MC-1946, Austin, Texas 78756; or by e-mail to the attention of Manager, Immunization Unit at [e-mail]. The department shall respond to the written complaint within 30 days after receipt of that complaint.

(b) An adult or an individual's legally authorized representative may report an incident of discrimination for requesting exclusion of an individual from the immunization registry, or for using an exemption for a required immunization, by mailing written notification to: Manager, Department of State Health Services, Immunization Unit, MC-1946, P.O. Box 149347, Austin, Texas 78714-9347, or by courier to Manager, Immunization Unit, Department of State Health Services, 1100 West 49th Street, MC-1946, Austin, Texas 78756; or by e-mail to the attention of Manager, Immunization Unit at [e-mail]. The department shall respond to the written notification within 30 days after receipt of that notification.

(c) The department shall report to the Legislative Budget Board, the governor, the lieutenant governor, the speaker of the House of Representatives, and appropriate committees of the legislature not later than September 30 of each even-numbered year. The report shall:

(1) include the number of complaints received by the department related to the department's alleged failure to comply with requests for exclusion of individuals from the immunization registry;

(2) identify all reported incidents of discrimination for requesting exclusion of individuals from the immunization registry or for using an exemption for a required immunization;

(3) include the number of complaints received by the department related to the department's alleged failure to remove information from the immunization registry as required 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) after an event described in that section; and

(4) include the number of complaints received by the department related to the department's alleged failure to comply with written requests for the removal of information relating to first responders and their immediate family under §100.8 of this title (relating to First Responder Immunization Information).

Source Note: The provisions of this §100.10 adopted to be effective August 17, 2008, 33 TexReg 6384; amended to be effective January 1, 2020, 44 TexReg 7984