SECTION 100.3. Informing a Child's Legally Authorized Representative

(a) A legally authorized representative of a child shall be informed, via the methodology described at subsection (b) of this section, that the department has established and maintains an immunization registry for the primary purpose of establishing and maintaining a single repository of immunization records to be used in aiding, coordinating, and promoting efficient and cost-effective childhood vaccine-preventable disease prevention and control efforts.

(b) The department shall provide written materials and forms to providers for the purpose of informing legally authorized representatives about the immunization registry and specific information collected in that registry.

(c) The department and providers may use the immunization registry to provide notices by mail, telephone, personal contact, or other electronic means to a child's legally authorized representative regarding the particular vaccines that the child may be due or overdue according to the department's immunization schedule.

(d) The first time the department receives immunization registry data from a person or entity other than the child's legally authorized representative, for a child for whom the department has received consent to be included in the immunization registry, the department shall send a written notice to the child's legally authorized representative disclosing:

(1) that providers and payors may be sending the child's immunization information to the department;

(2) the information that is included in the immunization registry;

(3) the entities or persons to whom the information may be released;

(4) the purpose of the immunization registry;

(5) the procedure to exclude a child from the immunization registry; and

(6) the procedure to report an alleged violation if a legally authorized representative discovers a child is included in the immunization registry after exclusion has been requested.

Source Note: The provisions of this §100.3 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