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
§ 467.006
Assistance to
Impaired
Professionals
§ 467.007
Confidentiality
§ 467.0075
Consent to
Disclosure
§ 481.068
Confidentiality
§ 481.074
Prescriptions
§ 481.075
Official
Prescription
Program
§ 481.076
Official
Prescription
Information
§ 481.0761
Rules; Authority
to Contract
§ 481.127
Offense;
Unauthorized
Disclosure of
Information
§ 481.181
Inspections
Related/
Not Contrary
Related/
Not Contrary
Not Related
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
This deals with impaired physicians, no use/disclosure of PHI
by a covered entity. See 40 TAC § 151.5 for corresponding
rules.
Title 6: Food, Drugs, Alcohol, and Hazardous Substances
Chapter 481: Texas Controlled Substances Act
See 37 TAC § 13.33 for corresponding rules.
See 37 TAC § 13.2, 13.4 for corresponding rules.
See 37 TAC § 13.84 for corresponding rules.
Exceptions to access to information submitted to DPS ;
generally disclosure of info is prohibited; allows for electronic
transmission of data; (i) info submitted to DPS is confidential.
Does not appear to call for a use or disclosure of PHI. (a) The
director sets rules for the database format and transmission
of data; (f) The director may authorize a contract between the
department and another agency of this state or a private
vendor to ensure the effective operation of the prescription
program.
(a) An offense for disclosure or access to information on
prescriptions (481.075).
Controlled premises are not covered entities.
No
No
No
No
No
No
No
No
No
No
292