This section establishes the guidelines to protect the confidentiality of patients in accordance with Texas Occupations Code, Chapter 159, and Texas Health and Safety Code, §47.008 (relating to Confidentiality and General Access to Data) and §47.009 (relating to Immunity from Liability).

1. (1) The birthing facility, provider, or program shall ensure that the written consent of a parent is obtained before any individually-identifying information on the newborn or infant is released through the TEHDI MIS.
2. (2) If consent to disclose individually-identifying information to the department is obtained, the birthing facility, provider, or program obtaining consent shall retain the consent in the patient's medical record.
3. (3) At any time a parent may request in writing that the department remove individually-identifying information concerning his or her child from the department's TEHDI MIS. The department shall act on any request in a timely manner.
4. (4) Sample consent forms can be found on the department's newborn hearing website at: www.dshs.state.tx.us/tehdi.

Source Note:The provisions of this §37.503 adopted to be effective May 14, 2015, 40 TexReg 2534.