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

Texas Occupations Code
Section
Related/
Contrary
Explanation
Title 3: Health Professions
Chapter 454: Occupational Therapists
Preemption
Exception
Is State Law
Preempted?
Recommendation
§ 454.152
Record of
Complaints
§ 454.153
General Rules
Involving
Complaint
Investigation and
Disposition
Chapter 455
Massage
Therapy
§ 501.203
Records of
Complaints
Related/
Not Contrary
Related/
Not Contrary
Not Related
Related/
Not Contrary
This law requires the Texas Board of Occupational Therapy
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, and this law makes its actions "required by law,"
and HIPAA permits appropriately limited disclosure of PHI that
is required by law, 45 C.F.R. § 164.512(a).
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).
Title 3: Health Professions
Chapter 501: Psychologists
This law requires the Texas State Board of Examiners of
Psychologists to keep complaints on file and provide notice of
the status of complaint investigations.
This law is not contrary to HIPAA because the Board is not a
covered entity.
No
No
No
No
435