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
Chapter 106
General
Regulatory
Authority
Regarding
Health Care
Practitioners'
Use of Internet
§ 107.001
Definitions
§ 107.002
Informed
Consent
Not Related
Not Related
Not Related
This law does not relate to privacy of IIHI.
Title 3: Health Professions
Chapter 107: Telemedicine and Telehealth
This law requires a treating physician or health professional
who provides or facilitates the use of telemedicine medical
services or telehealth services to obtain the patient's informed
consent before telemedicine medical services or telehealth
services are provided.
No
No
No
§ 107.003
Confidentiality
Related/
Not Contrary
This law requires a physician who provides or facilitates the use
of telemedicine medical services or telehealth services to keep
medical information confidential in accordance with Chapter
159 or other applicable law.
No
§ 107.004
Rules
§ 107.002
Definitions
Chapter 108
License
Suspension or
Revocation
Required for
Certain Drug
Felony
Convictions
This law is not contrary to HIPAA.
Not Related
This law allows the BME to adopt rules regarding the practice of
telemedicine. This law does not relate to privacy of IIHI.
No
Title 3: Health Professions
Chapter 107: Intractable Pain Treatment (*Code contains two Chapters numbered 107)
Not Related
This law does not relate to privacy of IIHI.
No
Not Related
No
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