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
This law creates exceptions to dental privilege for malpractice
suits by patient, collection cases, and disciplinary or criminal
proceedings; also allows for discovery of dental records in
criminal proceedings.
§ 258.105
Exception to
Privilege for
Certain
Proceedings
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. This law uses the term "privilege" instead of
"confidentiality" but arguably encompasses all aspects of
confidentiality.
Covered entities should also note HIPAA contains additional
requirements for:-legal discovery/process under 45 C.F.R. §
164.512(e); -health oversight, § 164.512(d);-de-identification
under § 164.514;-use/disclosure for law enforcement purposes
under § 164.512(f). Also note subsections (b) & (c) deal with
the board's duties: not contrary because the board is not a
covered entity.
No
This law creates further exceptions to privilege for disclosures
by dentists.
§ 258.106
Exception to
Privilege for
Certain
Disclosures by
Dentist
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 HIPAA contains additional
requirements for:-use and disclosure to avert a serious threat to
health or safety, under 45 C.F.R. § 164.512(j)(1)(i) and
(ii);-health oversight activities, § 164.512(d);-use and disclosure
for research under § 164.512(i);-use and disclosure for
treatment and payment, § 164.502(a)(1), and §
164.506(c);-de-identification under HIPAA, § 164.514(a)& (b).
No
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