(a) An adult 18 years of age or older who is a first responder or an immediate family member of a first responder may request that a health care provider who administers an immunization to the adult provide the data elements regarding the immunization to the department for inclusion in the immunization registry.
(b) A health care provider, on receipt of a request under subsection (a) of this section, shall submit the data elements to the department within 30 days of administration of the vaccine in a format and manner prescribed by the department. The department shall verify the request before including the information in the immunization registry. The department may elect to verify the request for inclusion in the immunization registry by obtaining an affirmation from the health care provider that a request has been received.
(c) An adult 18 years of age or older who is a first responder or an immediate family member of a first responder may request inclusion of that adult's immunization history in the immunization registry by:
  (1) mailing written or electronic notification to the department, in a format prescribed by the department, at: Department of State Health Services, Immunization Unit , MC-1946, P.O. Box 149347, Austin, Texas 78714-9347, or by courier to Department of State Health Services, Immunization Unit, 1100 West 49th Street, MC-1946, Austin, Texas 78756, (a request form may be obtained by calling the Immunization Unit at (800) 252-9152, or online at https://www.dshs.texas.gov/immunize/immtrac/; or
  (2) completing a written request to the adult's health care provider, to be verified by affirmation (in a manner prescribed by the department) by the health care provider that such a request has been received.
(d) The department shall ensure that the immunization history submitted by the adult 18 years of age or older who is a first responder or an immediate family member of a first responder under subsection (c)(1) of this section is medically verified immunization information by requiring the adult 18 years of age or older who is a first responder or an immediate family member of a first responder to submit evidence that includes a true and accurate copy of one or more of the following:
  (1) the adult's medical record indicating the immunization history and including a provider's signature and the name and address of the provider;
  (2) a vaccine-specific invoice from a health care provider for the immunization;
  (3) vaccine-specific documentation showing that a claim for the immunization was paid by a payor;
  (4) an immunization record signed by a school official; or
  (5) an immunization history provided by a local or state immunization registry.
(e) The department may release the information collected in the immunization registry under this section with consent of the adult or to any health care provider licensed or otherwise authorized to administer vaccines.
(f) An adult whose immunization records are included in the immunization registry under this section may send a written or electronic request that the department remove the information from the immunization registry. The department shall remove the adult's immunization records from the immunization registry not later than the 10th day after receiving a request.

Source Note: The provisions of this §100.8 adopted to be effective August 17, 2008, 33 TexReg 6384; amended to be effective January 1, 2020, 44 TexReg 7984