1. (a) Purpose. The purpose of this section is to describe:

   1. (1) the criteria that the Committee on Requests for Personal Data will use in reviewing and recommending disposition when an application for personal data is received;
   2. (2) the requirement for a standard application and its general content.

2. (b) Definitions. The following words and terms, when used in this section, shall have the following meaning, unless the context clearly indicates otherwise.

   1. (1) Applicant-Any person, organization, firm, or governmental agency requesting access to personal data.
   2. (2) Application-A standard form prepared by the committee which must be completed by each applicant. A copy of the standard form may be obtained from the Bureau of Vital Statistics.
   3. (3) Bureau of Vital Statistics-The office, within the Texas Department of Health, charged with the implementation of the Texas Vital Statistics Law, Texas Civil Statutes, Article 4477.
   4. (4) Committee-Committee on Requests for Personal Data. The committee serves in an advisory capacity to the commissioner of health or his designee. The committee reviews and makes recommendations regarding requests for personal data to be used for research purposes or for the official use of governmental agencies.
   5. (5) Follow back-Contacting any person, institution, or agency identified on the record.
   6. (6) Personal data-Any data that permits the identification of a particular individual.
   7. (7) Vital record research copy-A copy of any record of birth, death, or fetal death filed in the Bureau of Vital Statistics.

3. (c) Procedures.

   1. (1) If the department receives a request for personal data, the release of which has been determined to be legally discretionary, and there is a question as to whether the data should be released, the request shall be referred to the committee for its review and recommendation. The committee will review the request and make a recommendation regarding release to the commissioner or his designee.
   2. (2) The committee will require each applicant for personal data to complete the application form defined in subsection (b) of this section.
   3. (3) If the personal data is released, a copy of the final project report, any publication, or presentation must be furnished to the committee. The Texas Department of Health will be given credit as the source of the data.
   4. (4) It is department policy to disapprove applications involving follow back unless the committee determines that there are substantial overriding reasons for the follow back.
   5. (5) The bureau shall charge the statutory fee for each vital record research copy as provided in Texas Civil Statutes, Article 4477, §54a.

Source Note:The provisions of this §181.11 adopted to be effective May 10, 1988, 13 TexReg 2032.