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
§ 258.052
Case Histories
and Physical
Evaluations
§ 258.101
Definitions
Related/
Not Contrary
Not Related
This law allows a dentist to use patient records to admit to a
hospital.
This law is not contrary to HIPAA because it is an allowable use
and disclosure for treatment under 45 C.F.R. § 164.506.
Definitions section for Subchapter C relating to Privileged
Dental Patient Information. This law does not relate to privacy
of IIHI.
This law makes dental patient information "privileged".
No
No
§ 258.102
Scope of
Privilege
Related/
Not Contrary
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 this law may be more
stringent than HIPAA.
No
§ 258.103
Holder of
Privilege
§ 258.104
Consent to
Disclosure of
Privileged
Information
Related/
Not Contrary
Related/
Not Contrary
This law gives privilege for dental records to the patient, their
representative, or their dentist.
This law is not contrary to HIPAA because a covered entity
could comply with this law and with the requirements under
HIPAA.
This law provides for consent for release of dental records.
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 a valid authorization under 45 C.F.R. §
164.508.
No
No
414