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 requires a nursing peer review committee to report to
BNE regarding a nurse for any of the conditions in § 301.401
(see above).
§ 301.403
Duty of Peer
Review
Committee to
Report
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. The report is "required by law" and HIPAA permits
appropriately limited disclosure of PHI that is required by law,
45 C.F.R. § 164.512(a).
Covered entities should note HIPAA contains additional
requirements for use and disclosure for health oversight
activities under 45 C.F.R. § 164.512(d), and use and disclosure
for health care operations at § 164.506.
No
This law requires a nursing educational program to report to
BNE regarding any nurse student they believe is impaired by
chemical dependency.
§ 301.404
Duty of Nursing
Educational
Program to
Report
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. The report is "required by law" and HIPAA permits
appropriately limited disclosure of PHI that is required by law,
45 C.F.R. § 164.512(a).
No
Covered entities should note HIPAA contains additional
requirements for use and disclosure for health oversight
activities under 45 C.F.R. § 164.512(d), and use and disclosure
for health care operations at § 164.506.
422