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
§ 160.003
Report by
Certain
Practitioners
Related/
Not Contrary
Requires certain persons to report to the BME information
relating to a Texas physician's actions if, in the person's
opinion, the "physician poses a continuing threat to the public
welfare through the practice of medicine."
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).
No
§ 160.004
Report
Regarding
Certain Impaired
Physicians
Related/
Not Contrary
This law permits societies and associations to report
impairment of a physician to the BME or the health care entity in
which the physician has clinical privileges. Subsection (2)
requires reporting when determination made that, "through the
practice of medicine, the physician poses a continuing threat to
the public welfare."
This law is not contrary to HIPAA because societies and
associations are not covered entities under HIPAA; and
HIPAA permits appropriately limited disclosure of PHI that is
required by law, 45 C.F.R. § 164.512(a)(1).
No
§ 160.005
Report
Confidential;
Communication
Not Privileged
Related/
Not Contrary
This law makes confidential a report made pursuant to §
160.004.
This law is not contrary to HIPAA because the BME is not a
covered entity.
No
§ 160.006
Board
Confidentiality
Related/
Not Contrary
This law creates exceptions to confidentiality of reports made
pursuant to § 160.004.
This law is not contrary to HIPAA because the BME is not a
covered entity.
No
392