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 109
Release of Sex
Offender
Treatment
Information
Not Related
No
Chapter 110
Council on Sex
Offender
Treatment
Not Related
No
Title 3: Health Professions
Chapter 151: General Provisions
§ 151.002
Definitions
Not Related
This section defines terms used in Title 3 (Health Professions),
Subtitle B (Physicians). This law does not relate to privacy of
IIHI.
No
§ 151.056
Application to
Telemedicine
Not Related
Renders person or entity who is located in another jurisdiction,
but through the use of any medium (telemedicine) performs an
act that is part of a patient care service initiated in Texas,
subject to regulation by the State Board of Medical Examiners.
No
This law does not relate to privacy of IIHI.
Chapter 152
State Board of
Medical
Examiners
Not Related
No
Title 3: Health Professions
Chapter 153: Powers and Duties
§ 153.003
Rules Regarding
Maintenance of
Patient Records
§ 153.004
Rules Regarding
Telemedicine
Medical Services
Not Related
Not Related
Requires Texas State Board of Medical Examiners ("BME") to
adopt rules for maintenance of patient records. This law does
not relate to privacy of IIHI.
Permits the BME to adopt rules to ensure Medicaid and
Medicare patients receive appropriate telemedicine medical
services and to prevent abuse pursuant to that provision of
care.
This law does not relate to privacy of IIHI.
No
No
385