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
§ 85.142
Adoption of
Policy
§ 85.143
Content of Policy
§ 85.201
Legislative
Findings
§ 85.202
Definitions
§ 85.203
Infection Control
Standards
§ 85.204
Modification of
Practice
§ 85.205
Disciplinary
Procedures
§ 85.206
Retention of
License;
Permitted Acts
§ 85.251
Definitions
§ 85.252
Prohibitions
Relating to Home
Collection Kit
Related/
Not Contrary
Related/
Not Contrary
Not Related
Not Related
Not Related
Related/
Not Contrary
Not Related
Not Related
Not Related
Not Related
Subsection (b)(3) provides that all proceedings and
communications to the expert review panel, which includes
the healthcare worker's personal physician, are confidential
and release of information relating to a health care worker's
HIV status shall comply with Chapter 81.
See DM-136 ( 1992) at 6-7 (invalidating Department's rules
in part because they conflicted with the confidentiality
requirements in (b)(3)).
No
No
No
No
No
No
No
No
No
No
177