§ 161.00735 — RELEASE AND RECEIPT OF REGISTRY DATA IN DISASTER.

Texas § 161.00735

• Jurisdiction: Texas
• Code HS: Health and Safety Code

Text

Sec. 161.00735. RELEASE AND RECEIPT OF REGISTRY DATA IN DISASTER. (a) In this section, "disaster" means a disaster declared by the president of the United States, the governor of this state, or the governor of another state.
(b) If the department determines that residents of this state have evacuated or relocated to another state in response to a disaster, the department may release registry data, except registry data obtained under Section 161.00705 , to the appropriate health authority of that state or to local health authorities in that state.
(c) The department may receive immunization information from a health authority of another state or from a local health authority in another state if the department determines that residents of that state have evacuated or relocated to this state in response to a disaster. The department shall include information received under this subsection in the registry. Notwithstanding Section 161.007 , the department is not required to obtain written consent for the inclusion in the registry of information received under this subsection.
(d) Immunization information received under Subsection (c) is subject to Section 161.0073 , and may not be released except as authorized by this chapter.
(e) The executive commissioner by rule shall determine the period during which the information collected under Subsection (c) must remain in the immunization registry following the end of the disaster.
(f) Unless an individual or, if a child, the child's parent, managing conservator, or guardian consents in writing to continued inclusion of the individual's or child's information in the registry, the department shall remove the immunization records collected under Subsection (c) from the registry on the expiration of the period prescribed by Subsection (e).
(g) If an individual or, if a child, the child's parent, managing conservator, or guardian requests in writing that the individual's or child's information obtained under Subsection (c) be removed from the registry, the department shall remove that information from the registry.
(h) The executive commissioner shall make every effort to enter into a memorandum of agreement with each state to which residents of this state are likely to evacuate in a disaster on:
(1) the release and use of registry information under this section to the appropriate health authority or local health authority of that state, including the length of time the information may be retained by that state; and
(2) the receipt and use of information submitted by the health authority or local health authority of that state for inclusion in the registry under this section.

Legislative History

Added by Acts 2009, 81st Leg., R.S., Ch. 35 (S.B. 347 ), Sec. 5, eff. September 1, 2009. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219 ), Sec. 3.0463, eff. April 2, 2015.