1. (a) The immunization registry shall contain information on the immunization history that is obtained by the department under this section of each person who is younger than 18 years of age and for whom written consent has been obtained in accordance with this section. The department shall remove information from the registry for any person for whom consent has been withdrawn under §100.4 of this title (relating to Withdrawal of Consent). The provider shall obtain the written consent from the parent of a child before any immunization history relating to the child is sent to a health plan or the department to be included in the registry. The consent language should be substantially similar to the text of paragraphs (1), (2) and (3) of this subsection. The department shall prepare appropriate forms to obtain consent and make sure they are available to providers.

   1. (1) "I authorize the placement of my child's immunization history into the Texas Department of Health's Immunization Registry.

   2. (2) "I authorize the Texas Department of Health's Immunization Registry to release past, present, and future immunization records on my child to a parent of the child and any of the following:

      1. (A) public health district;
      2. (B) local health department;
      3. (C) physician to the child;
      4. (D) school in which the child is enrolled; and
      5. (E) child care facility in which the child is enrolled.
   3. (3) "I understand that I may withdraw the consent to place my child's immunization history in the immunization registry and my consent to release my child's immunization record from the immunization registry at any time by written communication to the Texas Department of Health, Immunization Registry, 1100 West 49th Street, Austin, Texas, 78756."
   4. (4) A parent of a child who agrees to the submission of their child's immunization history to the immunization registry should sign a signature block indicating their written consent to participate.
   5. (5) A consent statement must be signed for participation in the immunization registry. No information should be forwarded to the department if consent is denied or if the status of consent is unknown.
2. (b) At birth, parents will be able to consent for the child's future immunization history to be included in the immunization registry by indicating approval on the birth certificate. This written consent will be valid until age 18 unless the parent notifies the department that consent is withdrawn.
3. (c) As required by Health and Safety Code, §161.007, all information which identifies individuals shall be protected as medical information in accordance with the Medical Practice Act, Texas Civil Statutes, Article 4495b, §5.08.
4. (d) As provided in Health and Safety Code, §161.007(e), the department may use the registry to provide notices by mail, telephone, personal contact, or other means to a parent regarding his or her child who is due or overdue for a particular type of immunization according to the department's immunization schedule. The department shall consult with providers to determine the most efficient and cost-effective manner of using the immunization registry to provide these notices.
5. (e) A provider or health plan which provides information to the immunization registry in good faith pursuant to this section is not subject to civil liability, as described in Health and Safety Code, §161.007(g).

Source Note:The provisions of this §100.2 adopted to be effective January 1, 1999, 23 TexReg 12670.