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
This law requires a pharmacist to report to TDH regarding
unusual prescription trends, epidemics, etc.
§ 562.055
Report to Texas
Department of
Health
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 and disclosures for public health under 45 C.F.R. §
164.512(b).
No
§ 562.102
Confidential
Record
§ 562.105
Maintenance of
Records
Chapter 563
Prescription
Requirements;
Delegation of
Administration
and Provision of
Dangerous
Drugs
Related/
Not Contrary
Related/
Not Contrary
Not Related
This law also makes the report "required by law," and HIPAA
permits appropriately limited disclosure of PHI that is required
by law, 45 C.F.R. § 164.512(a).
This law requires compliance with § 562.052 when a pharmacy
releases confidential records.
This law is not contrary to HIPAA because a covered entity
could comply with this law and with the requirements under
HIPAA. See above.
This law requires a pharmacy to maintain a permanent record
of: (1) any civil litigation initiated against the pharmacy; or (2) a
complaint that arises out of a prescription that was lost during
delivery.
This law is not contrary to HIPAA because a covered entity
could comply with this law and with the requirements under
HIPAA.
Title 3: Health Professions
Chapter 564: Program to Aid Impaired Pharmacists and Pharmacy Students; Pharmacy Peer Review
No
No
No
443