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
§ 451.110
Subpoenas
Related/
Not Contrary
This law allows the Advisory Board to request the TDH
Commissioner to issue subpoenas for complaint investigation
purposes. This law also makes information and materials
subpoenaed or compiled by the committee in connection with a
complaint and investigation confidential with some exceptions.
This law is not contrary to HIPAA because it makes compliance
with the subpoena "required by law," and HIPAA permits
appropriately limited disclosure of PHI that is required by law,
45 C.F.R. § 164.512(a), and it is a health oversight activity
under 45 C.F.R. § 164.512(d). As to confidentiality, the
Advisory Board is not a covered entity.
No
Chapter 452
Executive
Council of
Physical Therapy
and
Occupational
Therapy
Examiners
Not Related
No
Title 3: Health Professions
Chapter 453: Physical Therapists
§ 453.153
Record of
Complaints
§ 453.154
General Rules
Involving
Complaint
Investigation and
Disposition
Related/
Not Contrary
Related/
Not Contrary
This law requires the Texas Board of Physical Therapist
Examiners to keep complaints on file. 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.
This law requires the Board to make rules regarding complaint
investigations procedures for notification to the complainant and
others affected.
This law is not contrary to HIPAA because the Board is not a
covered entity, and the disclosure under subsection (e) of this
law 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
No
434