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

Texas Occupations Code
Section
Related/
Contrary
Explanation
Preemption
Exception
Is State Law
Preempted?
Recommendation
§ 58.102
Confidentiality of
Genetic
Information
Related/
Not Contrary
This law makes genetic information confidential and privileged,
except as provided by § 58.103.
This law is not contrary because a covered entity could comply
with this law and with the requirements under HIPAA. Covered
entities should note that HIPAA contains additional
requirements, see below.
No
This law makes exceptions to confidentiality of genetic
information, and allows genetic information to be disclosed in
certain circumstances.
This law is not contrary to HIPAA because a covered entity
could comply with this law and with the requirements under
HIPAA.
§ 58.103
Exceptions to
Confidentiality
Related/
Not Contrary
Covered entities should note HIPAA contains additional
requirements for:
Use and disclosures for law enforcement purposes under 45
C.F.R. § 164.512(f);
Use and disclosures for judicial proceedings under 45 C.F.R. §
164.512(e);
Use and disclosure about decedents under 45 C.F.R. §
164.512(g);
Use and disclosure for research, 45 C.F.R. § 164.512(i);
De-identification, 45 C.F.R. § 164.514;
Public health/collection of vital statistics, 45 C.F.R. §
164.512(b)(1)(i).
No
§ 58.104
Authorized
Disclosure
Related/
Not Contrary
This law sets out the requirements for a written authorization for
release of confidential genetic information. This law is not
contrary to HIPAA because a covered entity could comply with
this law and with the requirements under HIPAA.
No
Covered entities should also note HIPAA contains additional
requirements for a written authorization under 45 C.F.R. §
164.508.
Title 3: Health Professions
Chapter 101: Health Professions Council
382