SECTION 96.402. Confidentiality Statement

(a) All information and materials obtained or compiled by the Department of State Health Services (department) or an agent of the department in connection with a report under this chapter are confidential and not subject to disclosure under Government Code, Chapter 552, and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release by the department or its agents. For the purposes of these rules, all local health authorities are agents for the department.

(b) The department shall make available, in aggregate form, the information described in Health and Safety Code §81.305(b) and this chapter, provided that the name and other information identifying the facility is deleted and the information is provided according to public health regions established by the department.

(c) All information and materials obtained or compiled by the department or an agent of the department in connection with this chapter, are considered information relating to cases or suspected cases of diseases or health conditions, and may be released only as allowed by Health and Safety Code §81.046.

Source Note: The provisions of this §96.402 adopted to be effective August 16, 2000, 25 TexReg 7704; amended to be effective July 23, 2006, 31 TexReg 5626