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 employers to report to the BNE regarding
actions taken against a nurse for the grounds listed under §
301.401 (see above).
§ 301.405
Duty of Person
Employing Nurse
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.
§ 301.406
Duty of Certain
Professional
Associations and
Organizations to
Report
Related/
Not Contrary
This law requires a professional association of nurses or
certification organization to report to the BNE regarding nurses
who are disciplined.
This law is not contrary to HIPAA because it does not apply to a
covered entity.
No
This law requires state agencies that license nurses and
regulate health care providers and facilties to report to BNE
regarding any nurse for any of the conditions in § 301.401 (see
above).
§ 301.407
Duty of State
Agency to
Report
Related/
Not Contrary
This law is not contrary to HIPAA because an agency or part of
an agency that is 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 § 164.512(d).
No
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