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
§ 502.203
Records of
Complaints
Related/
Not Contrary
This law requires the Texas State Board of Examiners of
Marriage and Family Therapists to maintain complaint
investigation files and to notify parties to complaints of the
status.
This law relates to privacy of IIHI to the extent that complaints
contain IIHI regarding a person's mental condition. This law is
not contrary to HIPAA because the Board is not a covered
entity.
No
§ 502.204
General Rules
Regarding
Complaint
Investigation and
Disposition
Related/
Not Contrary
This law requires the Board to make rules for handling
complaints, requires the Board to dispose of complaints in a
timely manner, and to provide notice to the parties to a
complaint regarding its status.
This law relates to privacy of IIHI to the extent that complaints
contain IIHI regarding a person's mental condition. This law is
not contrary to HIPAA because the Board is not a covered
entity.
No
This law gives the Board power to subpoena records for
conducting complaint investigations. This law also makes
complaint information confidential, and makes exceptions to
confidentiality.
§ 502.2045
Subpoenas
Related/
Not Contrary
This law is not contrary to HIPAA because a covered entity's
compliance with a subpoena under 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), and it would be
health oversight activities under § 164. 512(d). The
confidentiality provision of this law is not contrary to HIPAA
because the Board is not a covered entity.
Title 3: Health Professions
Chapter 503: Licensed Professional Counselors
No
437