1. (a) All information and records relating to injuries received by the local health authority or the Texas Department of Health (department), including information electronically submitted to the State Trauma Registry and information from injury investigations, are confidential records and not public records. These records shall be held in a secure place and accessed only by authorized personnel.

2. (b) Information or records relating to any personal injury may not be released or made public on subpoena or otherwise, except that release may be made:

   1. (1) for statistical purposes, but only if a person and/or health care entity is not identified;
   2. (2) with the consent of each person and health care entity identified in the information released; or
   3. (3) to medical personnel in a medical emergency to the extent necessary to protect the health or life of the named person.
3. (c) The commissioner, the commissioner's designee, or an employee of the department may not be examined in a judicial or other proceeding about the existence or contents of pertinent records of, investigation reports of, or reports or information about a person examined or treated for an injury without that person's consent.

Source Note:The provisions of this §103.7 adopted to be effective March 1, 1994, 19 TexReg 1104; amended to be effective October 1, 1998, 23 TexReg 7806.