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

Texas Family Code
Section
§ 32.001
Consent by
Non-Parent
Related/
Contrary
Related/
Not Contrary
Explanation
HIPAA defers to state law regarding
authority to act on behalf of a minor. 45
C.F.R. § 164.502(g)(3).
Preemption
Exception
Is State Law
Preempted?
No
Recommendation
§ 32.002
Consent Form
Not Related
Lists the information that must be
included in a consent form for treatment
of a child.
No
§ 32.003
Consent to
Treatment by Child
Related/
Not Contrary
A child's health information may be
disclosed to a parent, guardian, or other
person acting in loco parentis to the
extent permitted or required by state
law. 45 C.F.R. § 164.502(g)(3)(ii)(A).
No
§ 32.004
Consent to
Counseling
Related/
Not Contrary
A child's PHI may be disclosed to a
parent, guardian, or other person acting
in loco parentis to the extent permitted
or required by state law. 45 C.F.R. §
164.502(g)(3)(ii)(A).
No
§ 32.005
Examination Without
Consent of Abuse or
Neglect of Child
Not Related
Addresses the ability of a provider to
perform an examination without consent
where there are reasonable grounds to
believe that a child has been abused or
neglected (with certain exceptions).
No
§ 32.101
Who May Consent
to Immunization of
Child
Related/
Not Contrary
(1) HIPAA defers to state law regarding
authority to act on behalf of a minor. 45
C.F.R. § 164.502(g)(3).
(2) No covered entity.
No
Title 2: Child in Relation to the Family
Chapter 33: Notice of Abortion
§ 33.002
Parental Notice
Related/
Not Contrary
A child's PHI may be disclosed to a
parent, guardian, or other person acting
in loco parentis to the extent permitted
or required by state law. 45 C.F.R. §
164.502(g)(3)(ii)(A).
No
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