Preemption Analysis of Texas Laws Relating to the Privacy of Health ...

Texas Administrative Code
Section
40 TAC § 700.407
Notification to
School Principal of
Impending School
Investigation
Path
Part 19 (Tex. Dept.
of Family and
Protective Services)
- Ch. 700 (Child
Protective Services)
- Subch. D
Related/
Contrary
Related/Not
Contrary
Explanation
No covered entity
Preemption
Exception
Is State Law
Preempted?
No
Recommendation
40 TAC § 700.408
Conducting the
School
Investigation
Part 19 (Tex. Dept.
of Family and
Protective Services)
- Ch. 700 (Child
Protective Services)
- Subch. D
Related/Not
Contrary
HIPAA permits disclosure to a governmental
authority authorized to receive reports of child abuse
or neglect. 45 C.F.R. § 164.512(b)(1)(ii).
No
40 TAC § 700.409
Conducting
Interviews or
Examinations
Part 19 (Tex. Dept.
of Family and
Protective Services)
- Ch. 700 (Child
Protective Services)
- Subch. D
Not Related
Prohibits school officials from interfering in any way
with a school investigation.
No
40 TAC § 700.411
Notification to
School Officials of
Findings in School
Investigation
Part 19 (Tex. Dept.
of Family and
Protective Services)
- Ch. 700 (Child
Protective Services)
- Subch. D
Related/Not
Contrary
No covered entity
No
40 TAC § 700.413
Retention of
Investigative
Reports
Part 19 (Tex. Dept.
of Family and
Protective Services)
- Ch. 700 (Child
Protective Services)
- Subch. D
Related/Not
Contrary
No covered entity
No
40 TAC § 700.507
Investigation
Interviews
Part 19 (Tex. Dept.
of Family and
Protective Services)
- Ch. 700 (Child
Protective Services)
- Subch. E
Related/Not
Contrary
No covered entity
No
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