Preemption Analysis of Texas Laws Relating to the Privacy of Health ...

Texas Administrative Code
Section
22 TAC § 343.35
Complaint
Investigation and
Disposition
22 TAC § 343.36
Filing and Receipt
of Complaints
22 TAC § 465.37
Compliance with all
Applicable Laws
Path
Part 16 (Tex. Board
of Physical Therapy
Examiners) - Ch.
343 (Contested
Case Procedure)
Part 16 (Tex. Board
of Physical Therapy
Examiners) - Ch.
343 (Contested
Case Procedure)
Part 21 (Tex. State
Board of Examiners
of Psychologists) -
Ch. 465 (Rules of
Practice)
Related/
Contrary
Related/Not
Contrary
Related/Not
Contrary
Related/Not
Contrary
Explanation
This regulation restates the Board's complaint
investigation procedures, and allows the Board to
determine when and if a private investigator is
needed for processing of a complaint.
This regulation relates to privacy of IIHI. This law is
not contrary to HIPAA because the Board is not a
covered entity.
This regulation restates the Board's duty to give
notice to the affected parties regarding the status of
complaints.
This regulation relates to privacy of IIHI. This law is
not contrary to HIPAA because the Board is not a
covered entity.
HIPAA permits disclosure to a governmental
authority authorized to receive reports of child abuse
or neglect. 45 C.F.R. § 164.512(b)(1)(ii).
Preemption
Exception
Is State Law
Preempted?
No
No
No
Recommendation
22 TAC § 681.45
Confidentiality and
Required Reporting
Part 30 (Tex. State
Board of Examiners
of Professional
Counselors) - Ch.
681 (Professional
Counselors -
Subch. C
Related/Not
Contrary
This regulation makes a counselor's patient records
confidential under the provisions of the Texas
Health and Safety Code, Chapter 611 and other
state or federal statutes or rules where such statutes
or rules apply to a licensee's practice. This
regulation prohibits disclosure of patient records and
patient identity except as provided in Texas Health
and Safety Code, Chapter 611 or other state or
federal statutes or rules. This regulation requires a
licensee to comply with Texas Health and Safety
Code, Chapter 611, concerning access to mental
health records.
No
This regulation relates to privacy of IIHI. This
regulation is not contrary to HIPAA because a
covered entity could comply with this law and with
the requirements under HIPAA.
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