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

Texas Administrative Code
Section
22 TAC § 165.3
Patient Access to
Diagnostic Imaging
Studies in
Physician's Office
Path
Part 9 (Tex. State
Board of Medical
Examiners) - Ch.
165 (Medical
Records)
Related/
Contrary
Related/Not
Contrary
Explanation
This regulation sets out requirements for patient
access to diagnostic imaging studies.
This law is not contrary to HIPAA because a
covered entity could comply with this law and with
the requirements under HIPAA
Preemption
Exception
Is State Law
Preempted?
No
Recommendation
22 TAC § 165.4
Appointment of
Record Custodian
of a Physician's
Records
Part 9 (Tex. State
Board of Medical
Examiners) - Ch.
165 (Medical
Records)
Related/Not
Contrary
This regulation sets out requirements for record
custodian of physician's 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 § 165.5
Transfer and
Disposal of Medical
Records
Part 9 (Tex. State
Board of Medical
Examiners) - Ch.
165 (Medical
Records)
Related/Not
Contrary
This regulation sets out requirements for transfer
and disposal 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 § 174.5
Notice of Privacy
Practices
Part 9 (Tex. State
Board of Medical
Examiners) - Ch.
174 (Telemedicine)
Related/Not
Contrary
This regulation requires a physician to give notice to
patients regarding their privacy practices related to
use of electronic communications. This regulation
relates to privacy of IIHI.
This regulation is not contrary to HIPAA because it
refers to and requires compliance with Parts 160
and 164 for the notice language.
No
24