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

Texas Occupations Code
Section
§ 58.001
Confidentiality of
Social Security
Number
§ 58.051
Certain Uses of
Genetic
Information
Prohibited
Related/
Contrary
Not Related
Related/
Not Contrary
Explanation
Preemption
Exception
Title 2: General Provisions Relating to Licensing and Regulation
Chapter 58: Information Relating to Licensing
This law does not relate to privacy of IIHI.
Title 2: General Provisions Relating to Licensing and Regulation
Chapter 58: Use of Genetic Information (*Code contains two Chapters numbered 58)
This law prohibits certain uses of genetic information. It
prohibits denial of an occupational license on the basis of the
applicant's refusal to submit to or disclose the results of a
genetic test.
This law is not contrary to HIPAA because it protects a person's
right to refuse to disclose the genetic information, and does not
prevent the full application or purpose of HIPAA's provisions.
This law may be considered more stringent than HIPAA's
privacy rule because this law provides greater privacy protection
for the person who is the subject of the IIHI. 45 C.F.R. §
160.203.
Is State Law
Preempted?
No
No
Recommendation
§ 58.052
Destruction of
Sample Material;
Exceptions
Not Related
This law requires a sample of genetic material to be destroyed
promptly after its purpose is served, except in some instances.
This law does not relate to privacy of IIHI.
No
§ 58.101
Disclosure of
Test Results to
Individual Tested
Related/
Not Contrary
This law requires that genetic test results be disclosed to the
individual who submitted to the genetic test or a physician
designated by the individual if the individual requests the results
in writing.
This law is not contrary to HIPAA because the disclosure is
"required by law" an allowable use and disclosure under HIPAA
§ 164.512(a), even though it does not contain the safeguards
and requirements imposed by HIPAA for the release of
information to the individual who is the subject of the IIHI found
in § 164.524
No
381