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
§ 206.309
Protection of
Patient Identity
Related/
Not Contrary
This law requires the Medical Board to protect the identity of
any patient whose records are reviewed or used in a public
proceeding, unless the patient testifies or submits a written
release.
This law is not contrary to HIPAA because the Board is not a
covered entity.
No
Chapter 251
General
Provisions
Relating to
Practice of
Dentistry
Chapter 252
State Board of
Dental
Examiners
Chapter 253
Executive
Director and
Personnel
§ 254.006
Board Records
and
Confidentiality of
Records
§ 254.007
Records
Regarding
Persons
Authorized to
Practice
Not Related
Not Related
Not Related
Related/
Not Contrary
Not Related
Title 3: Health Professions
Chapter 254: Board Powers and Duties
This law makes investigation files of the Board of Dental
Examiners confidential. This law affects in a clear, substantial
way the confidentiality of patient information that may be
contained in investigation files.
Not contrary because the Board of Dentistry is not a covered
entity under HIPAA.
Licensing information to be maintained by the Board of Dental
Examiners. Not related to privacy of IIHI.
No
No
No
No
No
412