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
§ 564.105
Compliance with
Subpoena
Related/
Not Contrary
This law requires anyone to comply with a subpoena issued by
the Board.
This law is not contrary to HIPAA because it makes compliance
with the subpoena "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 and § 564.104 allow use of otherwise confidential
information as evidence in a civil proceeding by any
organization named as a defendant in any civil action filed as a
result of participation in peer review.
No
§ 564.106
Immunity
§ 565.055
Investigation;
Confidentiality of
Investigation
Chapter 566
Penalties and
Enforcement
Provisions
Chapter 567
Labeling
Requirements
for Certain
Prescription
Drugs or Drug
Products
Related/
Not Contrary
Related/
Not Contrary
Not Related
Not Related
This law is not contrary to HIPAA because a covered entity can
comply with this law and with the requirements under HIPAA.
Covered entities should note HIPAA requirements for use or
disclosure in a judicial or administrative proceeding under 45
C.F.R. § 164.512(e) and health care operations under §
164.506.
Title 3: Health Professions
Chapter 565: Disciplinary Actions and Procedures; Reinstatement of License
This law makes information regarding the Pharmacy Board's
investigations on disciplinary actions confidential, and makes
exceptions to confidentiality.
This law is not contrary to HIPAA because the Board is not a
covered entity.
No
No
No
No
446