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
§ 351.204
Records of
Complaints
Related/
Not Contrary
This law requires the Texas Optometry Board to keep an
information file on all complaints filed with the Board.
This law relates to privacy of IIHI to the extent that complaints
contain IIHI. This law is not contrary to HIPAA because the
Board is not a covered entity.
No
§ 351.2045
Confidentiality of
Investigation
Files
Related/
Not Contrary
This law makes confidential the investigation files of the Board.
This law also requires or allows the Board to share its
investigation files with other entities.
This law is not contrary to HIPAA because the Board is not a
covered entity.
No
§ 351.205
General Rules
Regarding
Complaint
Investigation and
Disposition
§ 351.262
Information
Presented to
Patient
Chapter 352
Opticians
§ 353.156
Patient Access
to Prescription;
Timing
Not Related
Not Related
Not Related
Related/
Not Contrary
This law requires the Board to notify the parties to the complaint
of the projected time requirements and any change in the
schedule for pursuing the complaint.
This law does not relate to privacy of IIHI.
This law is not related to privacy of IIHI.
Title 3: Health Professions
Chapter 353: Contact Lens Prescription Act
This law requires an optometrist to give a patient a contact lens
prescription on request.
This law is not contrary to HIPAA because a covered entity
could comply with this law and with the requirements under
HIPAA.
No
No
No
No
430