1. (a) Previous stamp holders.

   1. (1) Physicians who have administered 20 or more doses of yellow fever vaccine for one year prior to the effective date of this section are authorized to receive a new yellow fever vaccination stamp. Physicians may apply for the stamp by sending an application form to the division in accordance with the requirements of subsection (d) of this section. Physicians shall return their old stamps to the division upon receipt of the new stamp.

   2. (2) Physicians who have administered less than 20 doses of yellow fever vaccine for one year preceding the effective date of this section are required to return their old stamps to the division within 60 days after the effective date of this section. These physicians may be authorized to receive new stamps only for valid cause. The division will determine valid cause on an individual basis. The criteria which the division will use to determine valid cause are as follows.

      1. (A) The number of doses of yellow fever vaccine administered on an annual basis. Physicians who administer less than 20 doses of yellow fever vaccine will be requested to relinquish their yellow fever vaccination stamp.
      2. (B) The requirement to administer 20 doses of yellow fever on an annual basis may be waived if the stamp is issued to a physician who provides the vaccine in an underserved geographical area.
2. (b) Authorized use of a yellow fever vaccination stamp. Physicians may use the stamp only for the purposes of administering vaccines and validating immunization certificates.

3. (c) U.S. Public Health Services (PHS) requirements. Physicians shall administer yellow fever vaccines in accordance with the vaccine manufacturer and PHS requirements.

   1. (1) The PHS requirements are found, as follows:

      1. (A) 42 Code of Federal Regulations, Part 71, Foreign Quarantine, §71.3, Designation of Yellow Fever Vaccination Centers; Validation Stamps, issued on January 11, 1985; and
      2. (B) PHS publications entitled, "Division of Quarantine Circular No. 106,' revised on January 7, 1983; Advisory Memorandum No. 66, issued on January 7, 1983; and Advisory Memorandum No. 72, issued on October 5, 1984.
   2. (2) The department adopts the PHS requirements listed in paragraph (1)(A) and (B) of this subsection by reference. Copies of the requirements may be reviewed during regular working hours at the Immunization Division, Texas Department of Health, 1100 West 49th Street, Austin, Texas.
4. (d) Application for yellow fever vaccination stamp. In order to receive a yellow fever vaccination stamp, a physician shall submit a completed application form to the division. Copies of the application forms may be obtained from the division.
5. (e) Site for use of the yellow fever vaccination stamp. A physician shall use the yellow fever vaccination stamp only at the site where the yellow fever vaccine is delivered. If the physician chooses to administer the vaccine at a site other than that designated on the current application request, prior approval must be obtained from the division stating the reason for vaccine administration at a non-designated site and the means for ensuring that appropriate temperatures are maintained and documented during transit of the vaccine. If a physician chooses to administer yellow fever vaccine at a non-designated site more than twice in a 12-month period, an application for permission to administer the vaccine at that site shall be filed with the division. The physician to whom the yellow fever vaccination stamp has been issued is not authorized to administer yellow fever vaccine on board ship or aircraft.

6. (f) Physician record keeping. The physician to whom the yellow fever stamp is issued is responsible for maintaining the following information:

   1. (1) name, address, birthdate, sex, race, and occupation of the vaccine recipient;
   2. (2) reason for vaccinating the vaccine recipient;
   3. (3) destinations of the vaccine recipient;
   4. (4) time, date, and address of vaccine administration; and
   5. (5) lot number and expiration date of the vaccine.

7. (g) Charges for the stamp.

   1. (1) In January of each year, each physician is required to pay an annual charge of $25 to cover the cost to the department in issuing and renewing stamps. The physician shall submit the $25 by personal check, cashier's check, or money order to the division with the application form. If the division denies the application, the division will return the $25 to the physician.
   2. (2) The $25 charge will be waived for public health departments, public health districts, and public health regions.
8. (h) Non-assignability of stamps. A physician may not assign, loan, or give the stamp to another person.
9. (i) Loss or theft of stamps. A physician shall report immediately to the division any loss or theft of the stamp.
10. (j) Annual report. In January of each year, a physician shall report to the division the number of doses of yellow fever vaccine administered during the preceding year. Reporting forms are available from the division.
11. (k) Local health requirements. Local health departments and public health districts may choose to require additional measures for yellow fever vaccinations occurring within their jurisdictions.

Source Note:The provisions of this §97.153 adopted to be effective March 13, 1986, 11 TexReg 1045; amended to be effective September 26, 2002, 27 TexReg 8932.