Tex.
Health & Safety Code Section 161.008
Immunization Record
(a)
An immunization record is part of the immunization registry.(b)
An immunization record contains the:(1)
name and date of birth of the person immunized;(2)
dates of immunization;(3)
types of immunization administered; and(4)
name and address of the health care provider administering the immunization.(b-1)
An immunization record provided by a health care provider as required by Section 161.00705 (Recording Administration of Immunization and Medication for Disasters and Emergencies) for inclusion in the immunization registry during a public health disaster declared under Chapter 81 (Communicable Diseases; Public Health Disasters; Public Health Emergencies) must contain the race, age, ethnicity, and county of residence of the individual immunized. This subsection applies only to immunizations that immunize an individual against the communicable disease subject to the declaration.(c)
The department may obtain the data constituting an immunization record for an individual from a public health district, a local health department, the individual or the individual’s legally authorized representative, a physician to the individual, a payor, or any health care provider licensed or otherwise authorized to administer vaccines. The department shall verify consent before including the reported information in the immunization registry. The department may not retain individually identifiable information about an individual for whom consent cannot be verified.(d)
The department may release the data constituting an immunization record for the individual to:(1)
any entity that is described by Subsection (c);(2)
a school or child care facility in which the individual is enrolled;(3)
a state agency having legal custody of the individual; or(4)
an employer of a first responder or a first responder in accordance with Section 161.00708 (Access to First Responder Immunization History).(e)
An individual or the individual’s legally authorized representative may obtain and on request to the department shall be provided with all individually identifiable immunization registry information concerning the individual.(f)
A person, including a health care provider, a payor, or an employee of the department, that submits in good faith an immunization history or data to or obtains in good faith an immunization history or data from the department in compliance with the provisions of this section and any rules adopted under this section is not liable for any civil damages.(g)
The department may release nonidentifying summary statistics related to the registry that do not individually identify an individual.(h)
The executive commissioner shall adopt rules to implement this section.(i)
At the request and with the authorization of the applicable health care provider, immunization history or data may be submitted to or obtained by the department through a health information exchange as defined by Section 182.151 (Definition).(b)
A governmental entity in this state may not issue a vaccine passport, vaccine pass, or other standardized documentation to certify an individual’s COVID-19 vaccination status to a third party for a purpose other than health care or otherwise publish or share any individual’s COVID-19 immunization record or similar health information for a purpose other than health care.(c)
A business in this state may not require a customer to provide any documentation certifying the customer’s COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from the business. A business that fails to comply with this subsection is not eligible to receive a grant or enter into a contract payable with state funds.(d)
Notwithstanding any other law, each appropriate state agency shall ensure that businesses in this state comply with Subsection (c) and may require compliance with that subsection as a condition for a license, permit, or other state authorization necessary for conducting business in this state.(e)
This section may not be construed to:(1)
restrict a business from implementing COVID-19 screening and infection control protocols in accordance with state and federal law to protect public health; or(2)
interfere with an individual’s right to access the individual’s personal health information under federal law.
Source:
Section 161.008 — Immunization Record, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.161.htm#161.008 (accessed Jun. 5, 2024).
