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
§ 605.202
Complaints
Related/
Not Contrary
This law requires the Texas Board of Orthotics and Prosthetics,
which is part of TDH, to keep a file on all complaints and to
notify parties of the status of investigations.
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
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.
§ 605.2021
Subpoenas
Related/
Not Contrary
This law is not contrary to HIPAA because the board is not a
covered entity, and a covered entity could comply with this law
and with the requirements under HIPAA.
Covered entities should note HIPAA requirements for use and
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). Also, compliance with the subpoena would be
"required by law," and HIPAA permits appropriately limited
disclosure of PHI that is required by law, 45 C.F.R. §
164.512(a).
No
Chapter 651
Cemetery and
Crematory
Services,
Funeral
Directing, and
Embalming
Not Related
Title 3: Health Professions
Chapter 701: Dieticians
No
450