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

Texas Administrative Code
Section
40 TAC § 700.523
Removal of Alleged
Perpetrator Role
Information
Path
Part 19 (Tex. Dept.
of Family and
Protective Services)
- Ch. 700 (Child
Protective Services)
- Subch. E
Related/
Contrary
Not Related
Explanation
Provides for the removal of a person's identification
as an alleged perpetrator if the allegations against
that person are ruled out through investigation.
Preemption
Exception
Is State Law
Preempted?
No
Recommendation
40 TAC § 700.602
Sustained
Conclusions About
Designated
Perpetrators and
Designated
Victims/
Perpetrators
Part 19 (Tex. Dept.
of Family and
Protective Services)
- Ch. 700 (Child
Protective Services)
- Subch. F
Related/Not
Contrary
No covered entity
No
40 TAC § 700.603
Releasing
Information About
Designated
Perpetrators or
Designated
Victims/
Perpetrators to
Outside Parties
Part 19 (Tex. Dept.
of Family and
Protective Services)
- Ch. 700 (Child
Protective Services)
- Subch. F
Related/Not
Contrary
No covered entity
No
40 TAC § 700.604
Notice
Requirements for
Releasing
Information to
Outside Parties
Part 19 (Tex. Dept.
of Family and
Protective Services)
- Ch. 700 (Child
Protective Services)
- Subch. F
Not Related
Requires written notice to the perpetrator of DFPS's
decision to release information and provides for an
appeals process to challenge that decision.
No
40 TAC § 700.605
Prerequisites for
Release Hearing
Part 19 (Tex. Dept.
of Family and
Protective Services)
- Ch. 700 (Child
Protective Services)
- Subch. F
Not Related
Provides for a hearing to be held after the
perpetrator has received notice of the decision to
release information and has appealed within the
applicable time frame.
No
64