Preemption Analysis of Texas Laws Relating to the Privacy of Health ...

Texas Family Code
Section
Related/
Contrary
Explanation
Preemption
Exception
Is State Law
Preempted?
Recommendation
§ 153.012
Right to Privacy;
Deletion of Personal
Information in
Records
Not Related
Allows a court to order the custodian of
records to delete references to the
residence of either party before release.
No
§ 153.014
Visitation Centers
and Visitation
Exchange Facilities
Not Related
Allows a county to establish a visitation
center to facilitate terms of a court
order.
No
§ 153.071
Court to Specify
Rights and Duties of
Parent Appointed a
Conservator
Not Related
Requires a court to specify the rights
and duties of each parent if both
appointed conservators.
No
§ 153.072
Written Finding
Required to Limit
Parental Rights and
Duties
Not Related
Allows a court to limit the rights and
duties of a parent appointed as a
conservator if the court makes a written
finding that such a limitation is in the
best interests of the child.
No
§ 153.073
Rights of Parent at
All Times
Related/
Not Contrary
Other specific state laws, such as the
Medical Practice Act confidentiality
provisions, govern a use/disclosure of
health information. This law confers
authority, but other specific laws actually
govern disclosure.
None
No
§ 153.075
Duties of Parent Not
Appointed
Conservator
Not Related
Allows a court to order a
non-conservator parent to perform other
parental duties, including paying child
support.
No
98