SECTION 100.2. Confidentiality

(a) Except as provided by Texas Health and Safety Code, Chapter 161, Subchapter A, §161.00705, information that identifies an individual, and is received by the department for the immunization registry, is confidential and may be used by the department for registry purposes only. Unless specifically authorized by Texas Health and Safety Code, Chapter 161, Subchapter A, the department may not release immunization registry information to any person or entity without the electronic or written consent of the individual or the individual's legally authorized representative.

(b) A confidentiality statement shall be signed electronically by an authorized representative of the user of the registry. Any user of the immunization registry shall protect the confidentiality of all immunization histories, records, and reports. Immunization registry information may only be accessed by limited persons, and used for the limited stated purposes, detailed at §100.5(e) of this title (relating to Receipt and Release of Immunization Registry Data). A person required to report information to the department for registry purposes or authorized to receive information from the immunization registry may not disclose identifiable information of an individual to any person or entity without the electronic or written consent of the individual or the individual's legally authorized representative, or except as provided by the Texas Occupations Code, Chapter 159, or the Texas Insurance Code, §602.053.

(c) Immunization registry information is not subject to discovery, subpoena, or other means of legal compulsion for release to any person or entity, except as provided by Texas Health and Safety Code, Chapter 161, Subchapter A, Immunization registry information is not admissible in any civil, administrative, or criminal proceeding.

Source Note: The provisions of this §100.2 adopted to be effective May 6, 2004, 29 TexReg 4155; amended to be effective August 17, 2008, 33 TexReg 6384; amended to be effective January 1, 2020, 44 TexReg 7984