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
§ 202.401
Definitions
Related/
Not Contrary
This law defines "patient" and "podiatric record."
This law is not contrary to HIPAA because it defines terms and
does not impede HIPAA on its own.
No
§ 202.402
Scope of
Privilege
Related/
Not Contrary
This law makes communications between podiatrist/patient and
patient records confidential and privileged. It also prohibits a
person who receives confidential communications or podiatric
records from disclosing the information except as authorized.
This law is not contrary to HIPAA because a covered entity
could comply with this law and with the requirements under
HIPAA. Covered entities should note HIPAA contains additional
requirements for authorizations under 45 C.F.R. § 164.508.
No
§ 202.403
Claim of
Privilege
Related/
Not Contrary
Allows patient or podiatrist acting on patient's behalf to assert
the confidentiality privilege.
This law is not contrary to HIPAA because it does not impede
the accomplishment of any purpose under HIPAA.
No
400