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

Texas Administrative Code
Section
25 TAC § 97.13
Mandatory Testing
of Persons
Suspected of
Exposing Certain
Other Persons
Y.
Path
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 97
(Communicable
Diseases) - Subch.
A
Related/
Contrary
Related/Not
Contrary
Explanation
The department is not a covered entity.
Preemption
Exception
Is State Law
Preempted?
No
Recommendation
25 TAC § 97.67
School records
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 97
(Communicable
Diseases) - Subch.
B
Related/Not
Contrary
Education records excluded from the definition of
PHI. 45 C.F.R. § 160.103.
No
25 TAC § 97.69
Transfer of records
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 97
(Communicable
Diseases) - Subch.
B
Related/Not
Contrary
Education records excluded from the definition of
PHI. 45 C.F.R. § 160.103.
No
25 TAC § 97.70
Review of Records
and Assistance
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 97
(Communicable
Diseases) - Subch.
B
Related/Not
Contrary
Education records excluded from the definition of
PHI. 45 C.F.R. § 160.103.
No
25 TAC § 97.132
Who Shall Report
Sexually
Transmitted
Diseases
Part 1 (Tex. Dept. of
State Health
Services) - Ch. 97
(Communicable
Diseases) - Subch.
F
Related/Not
Contrary
Covered entities are permitted to use or disclose
PHI for certain public health activities. 45 C.F.R. §
164.512(b).
No
25 TAC § 97.134
How to Report
Sexually
Transmitted
Diseases
Part 1 (Tex. Dept. of
State Health
Services) - Ch.
97(Communicable
Diseases) - Subch.
F
Related/Not
Contrary
Covered entities are permitted to use or disclose
PHI for certain public health activities. 45 C.F.R. §
164.512(b).
No
39