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
§ 81.088
Removal,
Alteration, or
Destruction of
Quarantine
Devices; Criminal
Penalty
§ 81.089
Transportation;
Criminal Penalty
§ 81.090
Serologic Testing
During
Pregnancy
§ 81.091
Ophthalmia
Neonatorum
Prevention;
Criminal Penalty
§ 81.092
Contracts for
Services
§ 81.093
Persons
Prosecuted for
Certain Crimes
§ 81.094
Testing by
Hospitals of
Persons Indicted
for Certain
Crimes
§ 81.095
Testing for
Accidental
Exposure
Not Related
Not Related
Related/
Not Contrary
Not Related
Not Related
Not Related
Not Related
Related/
Not Contrary
See 25 TAC § 97.135 (required reporting of positive results)
for corresponding rules.
See 25 TAC § 97.138 (Guidelines for Testing Certain
Indicted Persons for Certain Diseases) for corresponding
rules.
See Subsections (d) and (e) particularly for relation to IIHI.
No
No
No
No
No
No
No
No
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