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
Title 3: Health Professions
Chapter 505: Social Workers
§ 505.253
Records of
Complaints
§ 505.254
General Rules
Regarding
Complaint
Investigation and
Disposition
Related/
Not Contrary
Related/
Not Contrary
This law requires the Texas State Board of Social Worker
Examiners to maintain complaint information files and provide
notice to parties to complaints regarding status.
This law is not contrary to HIPAA because the Board is not a
covered entity.
This law require the Board to make rules for complaint
investigations, hiring private investigators, and providing notice
of status.
This law is not contrary to HIPAA because the Board is not a
covered entity.
No
No
This law allows the Board to issue subpoenas for complaint
investigation information. This law also makes all complaint
information compiled by the Board confidential, and makes
exceptions to confidentiality.
§ 505.2545
Subpoenas
Chapter 551
General
Provisions
Chapter 552
Texas State
Board of
Pharmacy
Related/
Not Contrary
Not Related
Not Related
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
No
No
439