Texas Health and Safety Code 161.00735 – Release and Receipt of Registry Data in Disaster
Current as of: 2024 | Check for updates
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(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 § 161.00705, to the appropriate health authority of that state or to local health authorities in that state.
Terms Used In Texas Health and Safety Code 161.00735
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Rule: includes regulation. See Texas Government Code 311.005
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(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 § 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 § 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.