Texas Administrative Code
Title 25 - HEALTH SERVICES
Part 1 - DEPARTMENT OF STATE HEALTH SERVICES
Chapter 181 - VITAL STATISTICS
Subchapter A - MISCELLANEOUS PROVISIONS
Section 181.11 - Requests for Personal Data
Universal Citation: 25 TX Admin Code ยง 181.11
Current through Reg. 49, No. 38; September 20, 2024
(a) The purpose of this section is to describe the criteria that the Committee on Requests for Personal Data will use in reviewing and recommending disposition when an application for personal data is received.
(b) The Commissioner and/or his designee shall appoint a Committee on Requests for Personal Data (Committee) that serves in an advisory capacity. The committee reviews and makes recommendations regarding requests for personal data to be used for research purposes or for the official use of governmental agencies.
(c) Procedures.
(1) If the department receives a request for
personal data, the release of which has been determined to be legally
discretionary, and there is a question as to whether the data should be
released, the request shall be referred to the committee for its review and
recommendation. The committee will review the request and make a recommendation
regarding release to the commissioner or his designee.
(2) The committee will require each applicant
for personal data to complete the application form as prescribed by the
committee.
(3) If the personal data
is released, a copy of the final project report, any publication, or
presentation must be furnished to the committee. The department will be given
credit as the source of the data.
(4) It is department policy to disapprove
applications involving contact with any person, institution, or agency
identified on the record unless the committee determines that there are
substantial overriding reasons for the contact.
(5) It is department policy to disapprove
applications involving research that does not serve a valid scientific or
public health purpose.
(6) The
Vital Statistics Unit shall charge the statutory fee for each vital record
research copy as provided in the Health and Safety Code, §
191.0045.
(7) Personal data application requests need
to be submitted to the department's Institutional Review Committee if any of
the following apply to the requested research:
(A) sponsored by the department;
(B) conducted by or under the direction of
department employees or agents;
(C)
conducted by or under the direction of department employees or agents using
department property of facilities, or;
(D) involves the use of department nonpublic
information to identify or contact human research subjects or prospective
subjects.
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