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

Texas Administrative Code
Section
40 TAC § 700.508
Interviews With
Parents or Other
Alleged
Perpetrators
Path
Part 19 (Tex. Dept.
of Family and
Protective Services)
- Ch. 700 (Child
Protective Services)
- Subch. E
Related/
Contrary
Related/Not
Contrary
Explanation
No covered entity
Preemption
Exception
Is State Law
Preempted?
No
Recommendation
40 TAC § 700.509
Purchase of
Medical,
Psychological, or
Psychiatric
Examination
Part 19 (Tex. Dept.
of Family and
Protective Services)
- Ch. 700 (Child
Protective Services)
- Subch. E
Not Related
Pertains to possible funding sources for
examinations.
No
40 TAC § 700.513
Notification About
Results
Part 19 (Tex. Dept.
of Family and
Protective Services)
- Ch. 700 (Child
Protective Services)
- Subch. E
Related/Not
Contrary
No covered entity
No
40 TAC § 700.516
Administrative
Review
Part 19 (Tex. Dept.
of Family and
Protective Services)
- Ch. 700 (Child
Protective Services)
- Subch. E
Not Related
Provides for an administrative review of the
investigation findings at the request of the alleged
perpetrator.
No
40 TAC § 700.517
Investigation of
Lack of Medical
Care Because of
Religious Beliefs
Part 19 (Tex. Dept.
of Family and
Protective Services)
- Ch. 700 (Child
Protective Services)
- Subch. E
Not Related
Provides for an investigation by TDFPS and allows
staff to request a court order that a child receive
certain medical care if required by the child's health.
No
40 TAC § 700.522
Audiotaping or
Videotaping
Interviews With the
Alleged Victims
Part 19 (Tex. Dept.
of Family and
Protective Services)
- Ch. 700 (Child
Protective Services)
- Subch. E
Not Related
Requires a good faith and reasonable effort to
record interviews with child victims of physical or
sexual abuse, unless good cause exists to not
record it.
No
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