Your COVID vaccine records could be destroyed in 5 years because of Texas law

The COVID vaccination records of 10.4 million Texans will be destroyed in five years unless individuals consent to preserving their records permanently.

Because of an unusual state law, it is possible that millions of Texans will have no proof of their COVID vaccination history by the end of June 2028.

The situation is the result of the way Texas regulates vaccine records. In most states, when a patient receives a vaccine, the information is automatically shared with the state’s vaccine registry unless the patient decides against it.

But in Texas, the situation is reversed: Vaccine information is not stored in the state’s vaccine registry, unless the patient signs paperwork explicitly consenting to sharing that information.

During a declared disaster, like COVID-19, the requirement is briefly waived: All vaccines and treatments given during the disaster must be reported to the Texas government, regardless of whether a patient has given their consent. Throughout the course of the COVID-19 disaster, 10.4 million Texans did not sign paperwork to permanently share their vaccine records with the state, said Chris Van Deusen, the director of media relations for the state health department.

But five years after the disaster has ended, that information must be destroyed. The state’s disaster declaration expired Thursday, meaning that the five-year countdown has started.

Once those records are destroyed, the only remaining vaccine records will be the ones they’ve kept on their paper vaccine cards, or, in some cases, records at doctors offices.

“That data is non-recoverable,” said Kevin Allen, the director of the state’s immunization information system, during a meeting of public health officials last year. “They can consent up to that five-year retention period, but that is what is in jeopardy.”

Vaccine records law in Texas

The impending record destruction is a rare situation in the U.S., because almost every state or municipality that operates a vaccine registry has an “opt out” system.

But Texas, New Hampshire and Montana have an “opt in” system, meaning that any patient who wants their data stored at the state level must sign additional paperwork to do so. Vaccine providers say these systems mean more bureaucracy and paperwork for them.

In all, about 22.3 million Texans received at least one dose of the COVID vaccine, according to the state health department, meaning about 47% of all COVID vaccine records could be destroyed after five years.

A similar provision exists for children when they turn 18. If the new adults want the state to keep the records of their childhood vaccinations against measles, mumps, rubella and more, they must tell the state they want that data preserved within eight years of their 18th birthday. If they don’t, it’s destroyed.

Altogether, Texas’ existing vaccine law makes it harder for providers to know if a patient is fully up-to-date on all their vaccines, and more difficult for patients to remember whether they got a vaccine years or sometimes decades ago, advocates said.

“Some consumers are going to want or need those records at some point,” Mary Beth Kurilo, an expert on vaccine systems with the American Immunization Registry Association, told the Star-Telegram last year.

How to preserve your vaccine records

Last year, vaccine advocates said they hoped legislators would address the state’s vaccine registry during the legislative session, but there were no hearings for bills that would have changed the state’s system.

Patients who want their records to remain in the registry should complete two forms: The ImmTrac Consent Form (there is one for children and one for adults) and a second form related to disaster information, Van Deusen said. Texans can give these forms to their doctor, their local health department, or mail them to the state health department. Forms should be mailed to Texas Department of State Health Services, P. O. Box 149347, Austin, TX 78714-9347.

Young adults who want to preserve their childhood immunization records also have to complete paperwork if they want their data preserved. Adults must sign a consent form before they turn 26 to keep the data from being deleted.