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

Texas Code of Criminal Procedure
Article
Related/
Contrary
Explanation
Preemption
Exception
Part 1: Code of Criminal Procedure of 1965
Chapter 1: General Provisions
Is State Law
Preempted?
Recommendation
1.05
Rights of Accused
Not Related
Briefly states constitutional rights of the
accused.
No
1.24
Public Trial
Not Related
States that all trials and proceedings must be
public.
No
Part 1: Code of Criminal Procedure of 1965
Chapter 2: General Duties of Officers
2.27
Investigation of Certain
Reports Alleging Child
Abuse
16.22
Examination and
Transfer of Defendant
Suspected of Having
Mental Illness or Mental
Retardation
18.2
Interception and Use of
Wire, Oral or Electronic
Communications
18.22
Testing for
Communicable Diseases
Following Certain Arrests
21.31
AIDS Testing
Related/
Not Contrary
Related/
Not Contrary
Not Related
Related/
Not Contrary
Related/
Not Contrary
(1) No covered entity.
(2) HIPAA permits appropriately limited
disclosure of PHI that is required by law. 45
C.F.R. § 164.512(a)(1).
Part 1: Code of Criminal Procedure of 1965
Chapter 16: The Commitment or Discharge of the Accused
(1) No covered entity.
(2) HIPAA permits appropriately limited
disclosure of PHI that is required by law. 45
C.F.R. § 164.512(a)(1).
Part 1: Code of Criminal Procedure of 1965
Chapter 18: Search Warrants
Generally prohibits such interception, with an
exception for goverment officials.
HIPAA permits appropriately limited
disclosure of PHI that is required by law. 45
C.F.R. § 164.512(a)(1).
Part 1: Code of Criminal Procedure of 1965
Chapter 21: Indictment and Information
HIPAA permits appropriately limited
disclosure of PHI that is required by law. 45
C.F.R. § 164.512(a)(1).
No
No
No
No
No
78