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
§ 154.057
Conduct of
Investigation;
Use of
Investigators as
Peace Officers
Related/
Not Contrary
Authorizes BME to use private investigators in investigating
complaints.
Relates to privacy of IIHI because complaint information is
released to investigators.
Not contrary because BME is not a covered entity under HIPAA.
No
§ 155.007
Application
Process
Chapter 156
Registration of
Physicians
Chapter 157
Authority of
Physician to
Delegate Certain
Medical Acts
Chapter 158
Authority of
Physician to
Provide Certain
Drugs and
Supplies
§ 159.001
Definitions
Not Related
Not Related
Not Related
Not Related
Related/
Not Contrary
Title 3: Health Professions
Chapter 155: License to Practice Medicine
Describes application process for medical license. Does not
relate to privacy of IIHI.
Title 3: Health Professions
Chapter 159: Physician-Patient Communication
This law is not contrary to HIPAA, except when taken together
with the following provisions.
No
No
No
No
No
388