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
§ 153.007
Authority to
Issue Subpoena
or Administer
Oath
Related/
Not Contrary
This law allows the BME to subpoena records and documents.
This law is not contrary to HIPAA because HIPAA permits
appropriately limited disclosure of PHI that is required by law.
45 C.F.R. § 164.512(a)(1).
Requires BME to maintain a record of its proceedings, and
deems such records "public information."
No
§ 153.008
Board Records
Related/
Not Contrary
This law is not contrary to HIPAA because the BME is not a
covered entity. Also, the disclosure of public information
pursuant to the Public Information Act is not contrary, because
HIPAA permits appropriately limited disclosure of PHI that is
required by law. 45 C.F.R. § 164.512(a)(1).
No
Title 3: Health Professions
Chapter 154: Public Interest Information and Complaint Procedures
§ 154.003
Information for
Physicians
Not Related
Requires BME to report twice a year information of significant
interest to Texas physicians, including disciplinary orders made
against physicians licensed in Texas.
This law does not relate to privacy of IIHI.
No
§ 154.004
Disclosure of
Disciplinary
Orders
Not Related
Requires BME to disclose to public disciplinary orders, date of
order, and the current status of the order. This law does not
relate to privacy of IIHI.
No
§ 154.006
Physician
Profiles
Related/
Not Contrary
Requires the BME to create physician profiles and make them
available for the public; physician profiles must include specific
information and details including complaints filed against the
physicians and "may not include any patient identifying
information."
No
Not contrary because BME is not a covered entity under HIPAA.
386