SECTION 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 [phone], 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.

Source Note: The provisions of this §100.7 adopted to be effective August 17, 2008, 33 TexReg 6384; amended to be effective January 1, 2020, 44 TexReg 7984