Preemption Analysis of Texas Laws Relating to the Privacy of Health ...

Texas Administrative Code
Section
Path
Related/
Contrary
Explanation
Preemption
Exception
Is State Law
Preempted?
Recommendation
Title 22:
Examining Boards
This regulation requires a chiropractor to release
patient records when requested, if the patient signed
a release. This regulation also sets requirements
for a written release of records.
22 TAC § 80.3
Request for
Information and
Records from
Licensees
Part 3 (Tex. Board
of Chiropractic
Examiners) - Ch. 80
(Professional
Conduct)
Related/Not
Contrary
This regulation also requires the BCE to order a
chiropractic licensee to submit to tests to determine
if the licensee is impaired, and thus unable to
practice. "An impaired licensee is considered to be
one who is unable to practice chiropractic with
reasonable skill and safety to patients by reason of
age, illness, drunkenness, excessive use of drugs,
narcotics, chemicals, or any other type of material;
or as a result of any mental or physical condition."
This law is not contrary to HIPAA because a
covered entity could comply with this law and with
the requirements under HIPAA. Covered entities
should note HIPAA contains additional requirements
for authorizations under 45 C.F.R. § 164.508.
No
22 TAC § 165.1
Medical Records
Part 9 (Tex. State
Board of Medical
Examiners) - Ch.
165 (Medical
Records)
Related/Not
Contrary
This regulation sets out requirements for contents
and maintenance of medical records.
This law is not contrary to HIPAA because a
covered entity could comply with this law and with
the requirements under HIPAA.
No
22 TAC § 165.2
Medical Record
Release and
Charges
Part 9 (Tex. State
Board of Medical
Examiners) - Ch.
165 (Medical
Records)
Related/Not
Contrary
This regulation sets out requirements for release of
medical records and charges.
This law is not contrary to HIPAA because a
covered entity could comply with this law and with
the requirements under HIPAA.
No
23