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
§ 691.030
Board's Authority
to Distribute
Bodies
§ 691.031
Transportation of
Bodies; Records
§ 691.032
Costs of
Distribution
§ 691.033
Use of Bodies
§ 691.034
Regulation of
Persons and
Institutions Using
Bodies
§ 691.035
Criminal Penalty
Not Related
Not Related
Not Related
Not Related
Related/
Not Contrary
Not Related
This section merely authorizes inspection by Board; it does
not require any regulated entity that might be a covered entity
to turn over records, etc.
Any disclosures would not be contrary, as HIPAA permits
disclosure for certain public health activities. 45 C.F.R. §
164.512(b).
Title 8: Death and Disposition of the Body
Chapter 692: Texas Anatomical Gift Act
No
No
No
No
No
No
Requires hospitals to establish protocol that includes inquiries
about potential donors; may necessitate asking persons other
than legally authorized representatives about this information.
§ 692.013
Protocol
Related/
Not Contrary
Not Contrary to HIPAA because:
(1) Disclosure is among the Conditions of Participation, and
HIPAA permits appropriately limited disclosure of PHI that is
required by law. 45 C.F.R. § 164.512(a)(1).
(2) HIPAA provides an organ donation exception.
No
315