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
§ 162.008
Procedures for
Notifying Blood
Recipients
§ 162.009
Provision of
Blood Samples
for Testing
§ 162.010
General Powers
and Duties of
Court
§ 162.011
Discovery
Powers of Court
§ 162.012
Limitation on
Liability
§ 162.013
Civil Penalty
§ 162.014
Criminal Penalty
Related/
Not Contrary
Not Related
Related/
Not Contrary
Related/
Not Contrary
Not Related
Not Related
Not Related
See FDA regs re: Operation Look Back (American
Association of Blood Banks).
Sets out how plaintiffs can or cannot directly get to the
donor's identity. Authorizes court of competent jurisdiction to
require a use/disclosure by law. See also 907 S.W.2d 445.
No
No
No
No
No
No
No
§ 162.015
Donation of
Blood by Persons
Younger Than 18
Years of Age
Not Related
No
§ 164.010
Prohibited Acts
§ 166.001
Short Title
Related/
Not Contrary
Not Related
Title 2: Health
Chapter 164: Treatment Facilities Marketing and Admission Practices
See Miller v. H.C.A., 47 TSCJ 12.
Title 2: Health
Chapter 166: Advance Directives
No
No
202