(a) Notwithstanding Health and Safety Code, §161.0073 and §161.008, and subject to the provisions of the department's data usage agreement, a health information exchange, as defined in Health and Safety Code, Chapter 182, may access and transmit health-related information under Health and Safety Code, §161.007(d), §161.00705(a), §161.00706(b), and §161.008(i), if the access or transmittal is:
  (1) made for the purpose of assisting in the reporting of immunization registry information to the appropriate agency;
  (2) requested and authorized by the appropriate health care provider, practitioner, physician, facility, or other person who is required to report data elements regarding an immunization record as outlined in Health and Safety Code, Chapter 182;
  (3) made in accordance with the applicable consent requirements for the immunization registry under Health and Safety Code, Chapter 182; and
  (4) made in accordance with the requirements of Health and Safety Code, Chapter 182 and all other state and federal law.
(b) A health information exchange may only use and disclose the information that it accesses or transmits under subsection (a) of this section in compliance with this chapter and all applicable state and federal law, and may not exchange, sell, trade, or otherwise make any prohibited use or disclosure of the information.

Source Note: The provisions of this §100.11 adopted to be effective April 2, 2017, 42 TexReg 1456