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 559
Renewal of
License to
Practice
Pharmacy
Chapter 560
Licensing of
Pharmacies
Chapter 561
Renewal of
Pharmacy
License
Not Related
Not Related
Not Related
Title 3: Health Professions
Chapter 562: Practice by License Holder
No
No
No
This law allows a pharmacist to release confidential records to
certain persons and entities.
§ 562.052
Release of
Confidential
Records
Related/
Not Contrary
This law is not contrary to HIPAA because a covered entity
could comply with this law and with the requirements under
HIPAA.
Covered entities should note HIPAA's requirements for use or
disclosure for health oversight activities under 45 C.F.R. §
164.512(d); Individual's right of access, § 164.524; use or
disclosure for treatment or payment, § 164.502(a)(1), and §
164.506(c); use or disclosure for law enforcement activities, §
164.512(f)(5); written authorizations under § 164.508.
No
442