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

Texas Administrative Code
Section
22 TAC § 711.14
Violations,
Complaints, and
Subsequent Board
Actions
Path
Part 31 (Tex. State
Board of Examiners
of Dietitians) - Ch.
711 (Dietitians)
Related/
Contrary
Related/Not
Contrary
Explanation
This regulation reiterates the Board's duty to keep
complaints, and sets out procedures for
investigating complaints.
This law is not contrary to HIPAA because the Board
is not a covered entity.
Preemption
Exception
Is State Law
Preempted?
No
Recommendation
22 TAC § 741.192
Procedures for
Filing a Complaint
and Denying,
Suspending, or
Revoking a License
or Registration
Part 32 (State
Board of Examiners
for
Speech-Language
Pathology and
Audiology) - Ch.
741
(Speech-Language
Pathologists and
Audiologists) -
Subch. N
Related/Not
Contrary
This law sets forth the procedures for complaint
investigations by the Board.
This law is not contrary to HIPAA because the Board
is not a covered entity.
No
22 TAC § 761.15
Violations,
Complaints,
Investigations, and
Procedures
Part 33 (Tex. State
Board of Examiners
of Perfusionists) -
Ch. 761
(Perfusionists)
Related/Not
Contrary
This regulation reiterates the Board's duties to keep
complaints on file and conduct investigations. This
regulation relates to privacy of IIHI.
This law is not contrary to HIPAA because the board
is not a covered entity.
No
22 TAC § 781.401
Code of Ethics
Part 34 (Tex. State
Board of Social
Worker Examiners)
- Ch. 781 (Social
Worker Licensure) -
Subchap. D
Related/Not
Contrary
This regulation sets out the code of ethics for social
workers. Subsection (7) states, "A social worker
shall safeguard the client's rights to confidentiality
within the limits of the law."
This regulation relates to privacy of IIHI. This
regulation is not contrary to HIPAA because it
requires full compliance with HIPAA.
No
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