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
Chapter 553
Executive
Director and
Other Board
Personnel
§ 554.002
Regulation of
Practice of
Pharmacy
§ 555.005
Records of
Complaints
§ 555.006
Notification
Concerning
Complaint
§ 555.007
General Rules
Regarding
Complaint
Investigation and
Disposition
Not Related
Not Related
Related/
Not Contrary
Related/
Not Contrary
Related/
Not Contrary
Title 3: Health Professions
Chapter 554: Board Powers and Duties; Rule Making Authority
This law does not relate to privacy of IIHI.
Title 3: Health Professions
Chapter 555: Public Interest Information and Complaint Procedures
This law requires the Texas State Board of Pharmacy to
maintain 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 notify complaint parties regarding
status. 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 policies and procedures for
handling complaints. 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.
No
No
No
No
No
§ 555.010
Confidentiality
Related/
Not Contrary
This law makes complaint information confidential. 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.
No
440