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
§ 503.253
Records of
Complaints
Related/
Not Contrary
This law requires the Texas State Board of Examiners of
Professional Counselors 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
§ 503.254
General Rules
Regarding
Complaint
Investigation and
Disposition
Related/
Not Contrary
This law requires the Board to make rules for the handling of
complaints, for notifying parties to a complaint investigation of
its status, and for hiring private investigators.
This law is not contrary to HIPAA because the Board is not a
covered entity.
No
This law allows the Board to request the TDH Commissioner to
issue a subpoena for complaint investigation. This law makes
all complaint investigation information and materials
confidential, and makes exceptions to confidentiality.
§ 503.2545
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 portion of
this law creating confidentiality and exceptions to confidentiality
is not contrary to HIPAA because the Board is not a covered
entity.
No
Title 3: Health Professions
Chapter 504: Chemical Dependency Counselors
This law requires the Texas Commission on Alcohol and Drug
Abuse to maintain complaint investigation files and to provide
notice to parties regarding status.
§ 504.103
Records of
Complaints
Related/
Not Contrary
This law relates to privacy of IIHI to the extent that complaints
contain IIHI regarding a person's physical or mental condition.
This law is not contrary to HIPAA because the Commission is
not a covered entity.
No
438