1. (a) Pursuant to the Texas Cancer Incidence Reporting Act, Health and Safety Code, Chapter 82, §82.009, all data obtained directly from the medical records of a patient is for the confidential use of the department and the persons or public or private entities that the executive deputy commissioner determines are necessary to carry out the intent of this chapter based upon the recommendation of the Committee on Requests for Personal Data in §181.11 of this title (relating to Requests for Personal Data). The data are privileged and may not be divulged or made public in a manner that discloses the identity of an individual whose medical records have been used for obtaining data under this chapter. Information that may identify an individual whose medical records have been used for obtaining data under this chapter is not available for public inspection under Government Code, Chapter 552. Statistical information collected under this chapter is public information.
2. (b) Only personnel authorized by the director of the department and other individuals authorized by the director of the division or his designee shall have access to the records.
3. (c) Photocopying or other reproduction of any clinical records or reports containing identifying information, except as may be required in the conduct of the official business of the department, is prohibited.
4. (d) Any legal documents other than the original incidence reports and abstracts, such as computer printouts or photocopies of any documents containing identifying information, shall also be considered confidential material while in active use, and shall be destroyed immediately upon termination of their use by the department.
5. (e) Information that characterizes the caseload of a specific cancer reporting institution or health care provider will be treated sensitively but the department will follow Government Code, Chapter 552.

Source Note:The provisions of this §91.10 adopted to be effective August 6, 1998, 23 TexReg 7801.