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 § 190.14
Disciplinary
Sanction
Guidelines
Part 9 (Tex. State
Board of Medical
Examiners) - Ch.
190 (Disciplinary
Guidelines) -
Subch. C
Related/Not
Contrary
This regulation sets out disciplinary sanction
guidelines for violations relating to providing copies
of medical records, complying with a subpoena from
the Texas State Board of Medical Examiners,
impairment or inability to practice, 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
22 TAC § 201.16
Memorandum of
Understanding with
the Texas
Department of
Health
Part 10 (Tex.
Funeral Service
Comm'n) - Ch.
201(Licensing and
Enforcement –
Practice and
Procedure
Related/Not
Contrary
No
22 TAC § 217.12
Unprofessional
Conduct
Part 11 (Board of
Nurse Examiners) -
Ch. 217 (Licensure,
Peer Assistance,
and Practice)
Related/Not
Contrary
Subsection (6) of this regulation identifies
unprofessional or dishonorable behaviors for RN's,
including "disclosing confidential information or
knowledge concerning the client except where
required or allowed by law."
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 provisions for use and disclosure for
health oversight activities under 45 C.F.R. §
164.512(d), and for health care operations at 45
C.F.R. § 164.506.
No
26