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

Texas Occupations Code
Section
§ 266.201
Prescription
Required
§ 266.202
Reliance on
Prescription
Chapter 267
Licensing of
Faculty Members
of Dental or
Dental Hygiene
Schools
Related/
Contrary
Related/
Not Contrary
Related/
Not Contrary
Not Related
Explanation
This law is not contrary to HIPAA because it makes compliance
with the subpoena "required by law," and HIPAA permits
appropriately limited disclosure of PHI that is required by law,
45 C.F.R. § 164.512(a). See also health oversight activity
exception, 45 C.F.R. § 164.512(d).
This law is not contrary to HIPAA because it makes compliance
with the subpoena "required by law," and HIPAA permits
appropriately limited disclosure of PHI that is required by law,
45 C.F.R. § 164.512(a). See also health oversight activity
exception, 45 C.F.R. § 164.512(d).
Title 3: Health Professions
Chapter 301: Nurses
This law is not contrary to HIPAA because the Board of Nurse
Examiners ("BNE") is not a covered entity.
Preemption
Exception
Is State Law
Preempted?
No
No
No
Recommendation
§ 301.161
Enforcement
§ 301.1606
Pilot Programs
on Nurse
Reporting
Systems
§ 301.203
Records of
Complaints
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
This law makes compliance with the subpoena "required by
law," and HIPAA permits appropriately limited disclosure of PHI
that is required by law, 45 C.F.R. § 164.512(a). See also health
oversight activity exception, 45 C.F.R. § 164.512(d).
This law is not contrary to HIPAA because a covered entity
could comply with this law and with the requirements under
HIPAA.
This law requires the BNE to keep records of complaints and
notify parties of the status of investigations.
This law is not contrary to HIPAA because the BNE is not a
covered entity.
No
No
No
420