1. (a) Every person less than 18 years old shall be immunized against vaccine-preventable diseases caused by infectious agents in accordance with the immunization schedule adopted by the Board of Health. The immunization requirements are also adopted as a statewide "control measure" for communicable diseases as that term is used in the Health and Safety Code, §81.081 and §81.082, and as an "instruction of the department" as that term is used in the Health and Safety Code, §81.007.
2. (b) The required immunization schedule shall be based upon the immunization requirements for children and students under §§97.61-97.77 of this title (relating to Immunization Requirements in Texas Elementary and Secondary Schools and Institutions of Higher Education). Additional copies may be obtained from Literature and Forms, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3180, (512) 458-7284.

3. (c) All private and public hospitals in Texas that provide health care to children shall:

   1. (1) administer age-appropriate vaccines or refer newborns for immunizations to other health care providers at the time of the newborn screening test;
   2. (2) review the immunization history of every child admitted to the hospital, examined in the hospital's emergency room, or outpatient clinic; and
   3. (3) administer the needed vaccines or refer the child to another health care provider for immunizations.

4. (d) All physicians and other health care providers who provide health care to children in Texas shall:

   1. (1) review the immunization history of every child examined; and
   2. (2) administer vaccine(s) or refer every child who needs immunizations to another health care provider.

5. (e) Hospitals, all physicians, and other health care providers, who provide health care to children in Texas, must document in a newborn's or other child's hospital or medical record that the newborn or child has either received age-appropriate immunizations or has been referred for immunizations at the time of the newborn screening or upon a child's admission to the hospital, examination in a hospital emergency room or visit to an outpatient clinic. Hospitals, all physicians, and other health care providers who provide health care to children in Texas must document in a newborn's or other child's hospital or medical record that the:

   1. (1) newborn's or other child's immunization history has been reviewed; and
   2. (2) that the newborn or child has been age-appropriately immunized or that the newborn has been referred to another health care provider for immunizations.
6. (f) If requested by the local health unit, local health department, public health district, or the department, the provider shall furnish identifying information on those children who have been immunized or referred for immunizations. The information must include at least the child's name, child's date of birth, child's address, a parent's name, a parent's telephone number, and if applicable, the name or type of vaccine administered, and the month, day, and year that the vaccine was administered.

7. (g) Children are exempt from immunizations if:

   1. (1) immunization conflicts with the tenets of an organized religion to which parent, managing conservator or guardian belongs; or
   2. (2) the immunization is medically contraindicated based on an examination of the child by a physician licensed to practice by any state in the United States.

Source Note:The provisions of this §97.101 adopted to be effective April 14, 1995, 20 TexReg 2386.