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
22 TAC § 183.8
Investigations
Part 9 (Tex. State
Board of Medical
Examiners) - Ch.
183 (Acupuncture)
Related/Not
Contrary
This law makes confidential the Board's
complaint/investigation files relating to
acupuncturists; this law also requires a licensee (an
acupuncturist who may be a covered entity under
HIPAA) to furnish patient records to the Board if
requested.
This law is not contrary to HIPAA because:
(1) The Board is not a covered entity; and
(2) HIPAA permits appropriately limited disclosure of
PHI that is required by law. 45 C.F.R. §
164.512(a)(1).
No
22 TAC § 183.10
Patient Records
Part 9 (Tex. State
Board of Medical
Examiners) - Ch.
183 (Acupuncture)
Related/Not
Contrary
This law makes acupuncturists' patient records
confidential and addresses record retention, written
releases, and manner of release of the confidential
information.
This law is not contrary to HIPAA because a
covered entity could comply with both. Covered
entities should note HIPAA contains additional
requirements for written authorizations under 45
C.F.R. §§ 164.506 and 164.508.
No
22 TAC § 190.8
Violation Guidelines
Part 9 (Tex. State
Board of Medical
Examiners) - Ch.
190 (Disciplinary
Guidelines) -
Subch. B
Related/Not
Contrary
This regulation sets out acts that constitute violation
of the Medical Practices Act, including (2)(N) failing
to maintain patient confidentiality.
This law is not contrary to HIPAA because a
covered entity could comply with this law and with
the requirements under HIPAA.
No
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