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 allows a doctor to refuse to give a patient a contact
lens prescription if the patient has not paid for the examination.
§ 353.157
Limitations on or
Refusal to Give
Prescription
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. A "prescription" is not necessarily part of the
Designated Record Set; access to the Designated Record Set
required under HIPAA does not mean the optometrist has to
give the patient a valid, fillable prescription.
No
See individual right of access under HIPAA at 45 C.F.R. §
164.524; definition of "Designated Record Set" at § 164.501.
See also comments at 65 Fed. Reg. 82,554.
§ 401.202
Rulemaking
Authority
§ 401.203
Board Duties
Regarding
Complaints
Not Related
Related/
Not Contrary
Title 3: Health Professions
Chapter 401: Speech Language Pathologists and Audiologists
This law does not relate to privacy of IIHI.
This law requires the State Board of Examiners for
Speech-Language Pathology and Audiology (within the Texas
Department of Health) to adopt rules regarding handling of
complaints.
This law is not contrary to HIPAA because the board is not a
covered entity.
No
No
§ 401.252
Records of
Complaints
Related/
Not Contrary
This law requires the State Board of Examiners for
Speech-Language Pathology and Audiology (within the Texas
Department of Health) to maintain an information file for all
complaints filed and to notify the parties to the complaint of the
status of the complaint unless the notice would jeopardize an
undercover investigation.
No
This law is not contrary to HIPAA because the Board is not a
covered entity.
431