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
§ 462.064
Certificate of
Medical
Examination for
Chemical
Dependency
§ 462.065
Order of
Protective
Custody
§ 462.066
Probable Cause
Hearing and
Detention
§ 462.067
Hearing on
Application for
Court-Ordered
Treatment
§ 462.068
Release After
Hearing
§ 462.069
Court Order and
Place of
Treatment
§ 462.070
Motion for
Modification of
Order for
Outpatient
Treatment
§ 462.071
Order for
Temporary
Detention
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Not Related
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
The notification of probable cause includes IIHI; if it is
released, a non-covered entity makes the disclosure.
No covered entity; does not directly call for a use or
disclosure of any information.
No covered entity involved.
A covered entity's sworn application is required by law. The
other uses/disclosures are not by covered entities.
No
No
No
No
No
No
No
285