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
§ 569.004
Restriction on
Use of
Information
Reported
Related/
Not Contrary
This law makes the information reported to the Board
confidential.
This law is not contrary to HIPAA because the Board is not a
covered entity.
No
Chapter 601
Medical
Radiologic
Technologists
Not Related
No
Title 3: Health Professions
Chapter 602: Medical Physicists
§ 602.152
Consumer
Interest
Information;
Complaints
Related/
Not Contrary
This law requires the Texas Board of Licensure for Professional
Medical Physicists (in the Texas Department of Health) to
maintain complaint/investigation files on all complaints received.
This law relates to privacy of IIHI to the extent that complaints
contain IIHI relating to patients receiving medical radiation
treatment. This law is not contrary to HIPAA because the Board
is not a covered entity.
No
This law allows the Board, upon approval by the commissioner,
to subpoena records for complaint investigation. It also makes
all complaint investigation materials confidential and makes
exceptions to confidentiality.
§ 602.1525
Subpoenas
Related/
Not Contrary
This law is not contrary to HIPAA because the Board is not a
covered entity, and a covered entity can comply with this law
and with the requirements under HIPAA.
No
Covered entities should note HIPAA requirements for use or
disclosure for public health activities under 45 C.F.R. §
164.512(b), health oversight activities under § 164.512(d), law
enforcement purposes under § 164.512(f), and research under
§ 164.512(i).
Title 3: Health Professions
Chapter 603: Perfusionists
448