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

Texas Family Code
Section
Related/
Contrary
Explanation
Preemption
Exception
Is State Law
Preempted?
Recommendation
§ 33.003
Judicial Approval
Related/
Not Contrary
No covered entity
No
§ 33.004
Appeal
Related/
Not Contrary
No covered entity
No
§ 33.005
Affidavit of Physician
Not Related
Allows a physician to execute and
include in a minor's medical record an
affidavit stating that the minor has made
an application/appeal , the deadline for
the court to act has passed, and the
physician has been notified that the
court has not denied the application or
appeal; the physician may perform the
abortion in reliance on affidavit.
No
§ 33.008
Physician's Duty to
Report Abuse of a
Minor; Investigation
and Assistance
Related/
Not Contrary
(1) HIPAA permits appropriately limited
disclosure of PHI that is required by law.
45 C.F.R. § 164.512(a)(1).
(2) 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
§ 33.009
Other Reports of
Sexual Abuse of a
Minor
Related/
Not Contrary
(1) No covered entity.
(2) 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
§ 33.010
Confidentiality
Related/
Not Contrary
No covered entity
No
§ 51.03
Delinquent Conduct;
Conduct Indicating a
Need for
Supervision
Not Related
Title 3: Juvenile Justice Code
Chapter 51: General Provisions
Merely defines "delinquent conduct" and
"conduct indicating a need for
supervision."
No
84