(a) Pursuant to the Texas Health and Safety Code, Chapter 88, §88.002, all data obtained is for the confidential use of the department and the persons or public or private entities that the department determines are necessary to carry out the intent of the Texas Health and Safety Code, Chapter 88, §88.002. Reports, records, and other information collected by, or maintained by, or provided to the Department of State Health Services relating to children's reports of blood lead testing are not public information under open records law and may not be released or made public on subpoena or otherwise, except as described in subsection (b) of this section.
(b) Medical, epidemiologic, or toxicologic information may be released:
  (1) for statistical purposes if released in a manner that prevents the identification of any person;
  (2) with the consent of each person identified in the information;
  (3) to medical personnel, appropriate state agencies, health authorities, regional directors, and public officers of counties and municipalities as necessary to comply with this chapter and related rules;
  (4) to appropriate federal agencies, such as the Centers for Disease Control and Prevention or the United States Public Health Service, except that the information must be limited to the information requested by the agency; or
  (5) to medical personnel to the extent necessary in a medical emergency to protect the health or life of the child identified in the information.
(c) Limited release of the data is allowed by the Texas Health and Safety Code, §88.002.
(d) Any requests for confidential or statistical data shall be made in accordance with Texas Health and Safety Code, §88.002.

Source Note: The provisions of this §37.333 adopted to be effective December 27, 1995, 20 TexReg 10771; amended to be effective June 1, 2003, 28 TexReg 4149; amended to be effective August 28, 2008, 33 TexReg 6829