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
§ 153.371
Rights and Duties of
Nonparent
Appointed as Sole
Managing
Conservator
Related/
Not Contrary
This statute merely provides a
non-parent conservator with the rights
that a parent would have over a minor
child. Other specific state laws, such as
the Medical Practice Act confidentiality
provisions, govern a use/disclosure of
health information. These Family Code
sections confer authority, but other
specific laws actually govern the
disclosure.
No
§ 153.3721
Access to Certain
Records by
Nonparent Joint
Managing
Conservator
Related/
Not Contrary
This statute merely provides a
non-parent conservator with the rights
that a parent would have over a minor
child. Other specific state laws, such as
the Medical Practice Act confidentiality
provisions, govern a use/disclosure of
health information. These Family Code
sections confer authority, but other
specific laws actually govern the
disclosure.
No
§ 153.373
Voluntary Surrender
of Possession
Rebuts Parental
Presumption
Not Related
Pertains to the voluntary relinquishment
of possession by a parent.
No
§ 153.374
Designation of
Managing
Conservator in
Affidavit of
Relinquishment
Not Related
Addresses the right of a parent to
designate a managing conservator.
No
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