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
Title 3: Juvenile Justice Code
Chapter 54: Judicial Proceedings
§ 54.051
Transfer of
Determinate
Sentence Probation
to Appropriate
District Court
Not Related
Pertains to the jurisdiction over a child
placed on probation for a period of time
that will extend past the 18th birthday.
No
§ 55.01
Meaning of Having a
Mental Illness
Title 3: Juvenile Justice Code
Chapter 55: Proceedings Concerning Children With Mental Illness or Mental Retardation
Not Related
Refers to the definition of mental illness
in § 571.003 of the Health and Safety
Code for use in the chapter.
No
§ 55.02
Mental Health and
Mental Retardation
Jurisdiction
Not Related
Deals with the proper jurisdiction to
order mental health/mental retardation
services.
No
§ 55.03
Standards of Care
Not Related
Pertains to the standard of care required
when a child has been committed for
inpatient mental health services.
No
§ 55.11
Mental Illness
Determination;
Examination
Related/
Not Contrary
HIPAA permits a covered entity to
disclose PHI in the course of a judicial
or administrative proceeding in
response to a court order. 45 C.F.R. §
164.512(e)(1)(i).
No
§ 55.12
Initiation of
Commitment
Proceedings
Related/
Not Contrary
(1) No covered entity.
(2) HIPAA permits a covered entity to
disclose PHI in the course of a judicial
or administrative proceeding in
response to a court order. 45 C.F.R. §
164.512(e)(1)(i).
No
85