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
§ 85.044
Advisory
Committee
§ 85.061
HIV Medication
Program
§ 85.062
Eligibility
§ 85.063
Procedures and
Eligibility
Guidelines
§ 85.064
Funding
Not Related
Not Related
Related/
Not Contrary
Related/
Not Contrary
Not Related
See 25 TAC §§ 98.111, 98.24. and 98.83 for corresponding
rules.
No
No
No
No
No
§ 85.065
Sliding Fee Scale
to Purchase
Medication
Not Related
No
§ 85.066
Advisory
Committee
§ 85.082
Department
Voluntary Testing
Programs
§ 85.083
Registration of
Testing Program
§ 85.084
For-Profit Testing
Program
§ 85.085
Physician
Supervision of
Medical Care
Not Related
Related/
Not Contrary
Not Related
Not Related
Not Related
If anything, state law is stricter by applying the prohibitions on
disclosure to a broader class of persons and permitting
disclosure for a more limited range of purposes.
No
No
No
No
No
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