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

Texas Health & Safety Code
Section/
Chapter
Related/
Contrary
Explanation
Preemption
Exception
Is State Law
Preempted?
Recommendation
§ 81.068
Refusing Entry or
Inspection;
Criminal Penalty
Not Related
No
§ 81.081
Board's Duty
Related/
Not Contrary
See 25 TAC Chapter 97, Subchapter B for corresponding
rules, particularly § 97.72.
No
§ 81.082
Administration of
Control Measures
Not Related
No
§ 81.083
Application of
Control Measures
to Individual
Not Related
No
§ 81.084
Application of
Control Measures
to Property
Related/
Not Contrary
Any disclosure would be authorized by HIPAA, as HIPAA
permits disclosure for certain public health activities. 45
C.F.R. § 164.512(b).
No
§ 81.085
Area Quarantine;
Criminal Penalty
Related/
Not Contrary
No
§ 81.086
Application of
Control Measures
to Private and
Common
Carriers and
Private
Conveyances
Not Related
No
§ 81.087
Violation of
Control Measure
Orders; Criminal
Penalty
Not Related
No
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