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
Council functions were all transferred to Tex. Dept. of Health
(TDH) after all funding was removed during 78th Legislature.
Rulemaking authority, when agency is abolished, will go to
the Commission.
§ 108.001
Creation of
Council
Not Related
TDH's Internal Review Board (IRB) will take over Scientific
Review Panel and eventually all RIBS will be consolidated
into a Privacy Board, to be consistent with HIPAA. Under
Transition Plan, DSHS will be created. When that occurs,
HCIC will be abolished and functions transferred to TDH--w/
rulemaking authority going to HHSC. Transition Plan not yet
final. Internally, TDH has opined that info obtained under 108
can only be used for 108 purposes, consistent with GA-0083.
Abolished by section 1.16 and all functions transferred to
TDH by section 1.19 of HB 2292. See esp. GA-0083 (2003)
-- for all sections in chapter.
No
§ 108.002
Definitions
§ 108.0025
Rural Provider
§ 108.003
Council
Composition;
Expenses
§ 108.004
Meetings
§ 108.0045
Open Records
§ 108.005
Terms
§ 108.006
Powers and
Duties of Council
§ 108.0062
Drug Purchasing
Cooperatives
Not Related
Not Related
Not Related
Related/
Not Contrary
Related/
Not Contrary
Not Related
Related/
Not Contrary
Related/
Not Contrary
No
No
No
No
No
No
No
No
190