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

Texas Occupations Code
Section
Related/
Contrary
Explanation
This law creates exceptions to confidentiality of
communications with and proceedings of nursing peer review
committees.
Preemption
Exception
Is State Law
Preempted?
Recommendation
§ 303.007
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. Subsection (a) makes disclosure "required by law," and
HIPAA permits appropriately limited disclosure of PHI that is
required by law, 45 C.F.R. § 164.512(a).
For the provisions of this law that are not "required by law,"
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
§ 304.001
Nurse Licensure
Compact
§ 304.005
Enforcement
§ 304.006
Information
Maintained
under Compact
§ 351.053
Membership and
Employee
Restrictions
Not Related
Not Related
Not Related
Not Related
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.
Title 3: Health Professions
Chapter 304: Nurse Licensure Compact
This law does not relate to privacy of IIHI.
This law does not relate to privacy of IIHI.
This law does not relate to privacy of IIHI.
Title 3: Health Professions
Chapter 351: Optometrists and Therapeutic Optometrists
This law does not relate to privacy of IIHI.
No
No
No
No
429