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 makes any report under this subchapter confidential,
except the BNE may disclose information to another state's
licensing authority, a peer assistance program, a person
engaged in bona fide research or another educational purpose
if all information identifying any specific individual is first
deleted. Also, the BNE must provide information/status to the
employer of the nurse complained of. Such information may be
disclosed in a civil action against the reporting person.
§ 301.417
Confidentiality
Requirements;
Disclosure of
Information
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 BNE is not a covered entity.
To the extent that this law includes other groups that may be
covered entities, 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
Confidentiality under this law does not prevent a covered entity
from disclosing a Designated Record Set to which an individual
has a right of access under HIPAA at 45 C.F.R. § 164.524.
See definition of "Designated Record Set" at § 164.501. See
also comments at 65 Fed. Reg. 82554.
§ 301.418
Disclosure of
Charges or
Disciplinary
Action
Not Related
This law is not related to privacy of IIHI.
No
§ 301.419
General
Provisions
Regarding Duty
to Report; Minor
Incidents
Not Related
This law is not related to privacy of IIHI.
No
426