Texas Register, Volume 29, Number 5, Pages 727-1096, January 30, 2004 Page: 777
727-1096 p. ; 28 cm.View a full description of this periodical.
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Government Code, 2001.039, requires that each state agency
review and consider for readoption each rule adopted by that
agency pursuant to the Government Code, Chapter 2001
(Administrative Procedure Act). The department has reviewed
100.1-100.11 and has determined that reasons for adopting
the sections continue to exist; however, a repeal of the current
rules and the proposal of new rules are necessary to simplify
the rules and implement House Bill 1921.
The department published a Notice of Intention to Review for
100.1-100.11 in the Texas Register on May 31, 2002 (27
TexReg 4745).
Casey S. Blass, Chief, Bureau of Immunization and Pharmacy
Support, has determined that for each year of the first five years
the sections are in effect there will be no fiscal implications to
state government as a result of enforcing and administering the
sections as proposed. Additional immunization histories submit-
ted by providers and parents will be processed using existing
resources. There will be no fiscal impact on local government,
because the immunization registry is a state registry maintained
by the department.
Mr. Blass has also determined that for each year of the first
five years the sections are in effect the public benefit anticipated
through enforcement and administration of the sections as pro-
posed will be to enhance the effectiveness of the registry by pro-
viding parents with more complete and accurate immunization
histories for their children. The proposed changes will benefit
small and micro- businesses such as clinics and physicians' of-
fices by reducing confusion regarding parental consent and elim-
inating the responsibility for providers to maintain evidence of
consent. Providers and payors will benefit from expanded ac-
cess to more complete immunization histories. Providers who
currently report immunization records to payors are not required
to report those records to the registry. Under House Bill 1921, as
reflected in the proposed rules, these providers will be required
to report to the registry. There will be no impact on local employ-
ment.
Comments on the proposal may be submitted to Janie Garcia,
Immunization Division, Texas Department of Health, 1100 West
49th Street, Austin, Texas 78756, (512) 458-7284, extension
6430, or (800) 252-9152. Comments will be accepted for 30
days following publication of this proposal in the Texas Register.
25 TAC 100.1 - 100.11
(Editor's note: The text of the following sections proposed for repeal
will not be published. The sections may be examined in the offices of
the Texas Department of Health or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under the authority of Health and
Safety Code, 161.007, which gives the Texas Board of Health
(board) the right to develop rules to implement the immunization
registry; and Health and Safety Code, 12.001, which provides
the board with the authority to adopt rules for the performance
of every duty imposed by law on the board, the department, and
the commissioner of health.
The repeals affect the Health and Safety Code, Chapters 12 and
161. The review of the rules implements Government Code,
2001.039.
100.1. Definitions.
100.2. Inclusion of Information and Confidentiality.
100.3. Providers and Health Plans.
100.4. Withdrawal of Consent.100.5. Reportable Information.
100.6. Information Included in the Immunization Registry Prior to
September 1, 1997.
100.7. Data Quality Assurance.
100.8. Health Plans Shall Provide Immunization History to the De-
partment.
100.9. Reports.
100.10. Acceptability As An Immunization Immunization Record.
100.11. Confidentiality.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on January 15,
2004.
TRD-200400289
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: February 29, 2004
For further information, please call: (512) 458-7236
25 TAC 100.1 - 100.8
The new sections are proposed under the authority of Health and
Safety Code, 161.007, which gives the Texas Board of Health
(board) the right to develop rules to implement the immunization
registry; and Health and Safety Code, 12.001, which provides
the board with the authority to adopt rules for the performance
of every duty imposed by law on the board, the department, and
the commissioner of health.
The new sections affect the Health and Safety Code, Chapters
12 and 161. The review of the rules implements Government
Code, 2001.039.
100.1. Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1) Child--The person or individual younger than 18 years
of age to whom a vaccine has been administered.
(2) Consent--A statement signed by a parent agreeing that
the child's immunization history can be included in the registry and
that the child's immunization record may be released from the registry.
(3) Data elements--Consistent with 42 U.S.C. 300aa-25,
as amended, data elements are defined as the information a provider
who administers a vaccine is required to record in a medical record,
including:
(A) the date the vaccine is administered;
(B) the type of vaccine administered, vaccine manufac-
turer and lot number; and
(C) the name, address, and, if appropriate, the title of
the provider administering the vaccine.
(4) Department--The Texas Department of Health.
(5) Immunization history--An accounting of all vaccines
that a child has received, or evidence of immunity, and other identi-
fying information.PROPOSED RULES January 30, 2004 29 TexReg 777
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Texas. Secretary of State. Texas Register, Volume 29, Number 5, Pages 727-1096, January 30, 2004, periodical, January 30, 2004; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101101/m1/49/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.