Preemption Analysis of Texas Laws Relating to the Privacy of Health ...

Texas Occupations Code
Section
§ 162.160
Use of
Independent
Contractor
Chapter 163
District Review
Committees
Related/
Contrary
Not Related
Not Related
Explanation
This law allows the BME to use independent contractors to
collect, verify, etc., physician credentials and information.
This law does not relate to privacy of IIHI.
Title 3: Health Professions
Chapter 164: Disciplinary Actions and Procedures
Preemption
Exception
Is State Law
Preempted?
No
No
Recommendation
§ 164.007
Administrative
Hearings;
Confidentiality
Issues
Related/
Not Contrary
This law makes confidential the records generated for the
administrative hearings of the BME.
This law is not contrary to HIPAA because the BME is not a
covered entity.
No
§ 165.158
Unauthorized
Release of
Confidential
Information
Related/
Not Contrary
Title 3: Health Professions
Chapter 165: Penalties
This law makes unauthorized disclosure of confidential
information under § 160.006 an offense.
This law is not contrary to HIPAA because a covered entity
could comply with this law and with the requirements under
HIPAA.
No
Title 3: Health Professions
Chapter 201: Chiropractors
§ 201.204
Records of
Complaints
Related/
Not Contrary
This law requires the Texas Board of Chiropractic Examiners
(TBCE) to maintain an information file about each complaint it
receives and requires the board to notify the parties of the
status of the complaint.
This law is not contrary to HIPAA because TBCE is not a
covered entity under HIPAA.
No
397