1. (a) Every person less than 18 years old shall be immunized against vaccine-preventable diseases in accordance with the immunization schedule adopted by the Executive Commissioner of the Health and Human Services Commission as referenced in §97.221 of this title (relating to the Department of State Health Services Immunization Schedule). 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 - 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 vaccine requirements shall be those required for children and students under §§97.61 - 97.72 of this title (relating to Immunization Requirements in Texas Elementary and Secondary Schools and Institutions of Higher Education). Additional copies of Immunization Requirements in Texas Elementary and Secondary Schools and Institutions of Higher Education may be obtained from the Department of State Health Services, 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, if available, must include at least the name and date of birth of the child, the child's address, the name and telephone number of a parent or guardian, the month, day, and year of vaccine administration, the name or type of vaccines administered, the name and address of the provider that administered the vaccines; or other evidence of immunity to a vaccine-preventable disease.
7. (g) Children are exempt from immunizations as referenced in §97.62 of this title (relating to Exclusions from Compliance).

Source Note:The provisions of this §97.101 adopted to be effective April 14, 1995, 20 TexReg 2386; amended to be effective December 15, 2002, 27 TexReg 11750; amended to be effective December 22, 2005, 30 TexReg 8435.