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
§ 402.058
Health
Surveillance
Survey
§ 431.042
Inspection
§ 431.043
Access to
Records
§ 431.116
Average
Manufacturer
Price
§ 436.108
Powers and
Duties of Texas
Oyster Council
§ 438.033
Physical
Examination;
Doctor’s
Certificate
§ 439.005
Records;
Disciplinary
Action
Not Related
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Not Related
Not Related
Related/
Not Contrary
Establishes the duty to develop a health surveillance program
for disposal site.
See also GA-83.
Title 6: Food, Drugs, Alcohol, and Hazardous Substances
Chapter 431: Texas Food, Drug, and Cosmetic Act
Title 6: Food, Drugs, Alcohol, and Hazardous Substances
Chapter 436: Aquatic Life
Only relates to monitoring of food-borne illnesses related to
molluscan shellfish; specifically states "non-medical"
information can be used.
Title 6: Food, Drugs, Alcohol, and Hazardous Substances
Chapter 438: Public Health Measures Relating to Food
This allows food service employees to be tested for various
diseases by the request of the employer or Tex. Dept. of
Health.
Title 6: Food, Drugs, Alcohol, and Hazardous Substances
Chapter 439: Manufacture and Distribution of Certain Drugs
No
No
No
No
No
No
No
277