THE ATTORNEY GENERAL OF TEXAS
Ken Paxton

Texas Health Information
Privacy Laws - 2013

In addition to the Texas Medical Records Privacy Act, numerous other state laws pertain to the privacy of medical information in specific contexts. Some of these laws apply to communications between patients and various types of health care providers, such as physicians, dentists and pharmacists.  Other laws restrict the disclosure of patient records by health care facilities while others focus on protecting types of information considered particularly sensitive. These types include information related to HIV/AIDS, communicable diseases, substance abuse, reproductive care, minors, domestic violence and genetics. Texas laws also address some of the privacy issues which arise in the handling of health information in civil and criminal court proceedings.

These health information privacy laws are contained within various Texas codes as follows:

Texas Occupations Code
Texas Health & Safety Code
Texas Business & Commerce Code
Texas Education Code
Texas Family Code
Texas Government Code
Texas Human Resources Code
Texas Insurance Code
Texas Labor Code
Texas Property Code
Texas Transportation Code
Texas Civil Practice and Remedies Code
Texas Code of Criminal Procedure


 

Occupations Code

physicians

Dentists

Chiropractors

Podiatrists

PH

Optometrists

Physican Assistant

Surgical Assistant

Genetic Information

Report and Confidentiality Requirements


 

Texas Health & Saftey Code

REcords, Reports of Certain Diseases Including HIV/Aids

  • Communicable Disease Prevention and Control Act, TEX. HEALTH & SAFETY CODE ANN. § 81.001 et seq.
  • Confidentiality, TEX. HEALTH & SAFETY CODE ANN. § 81.046
  • Records, reports and information, regardless of the source, that are provided to health authorities and health departments and relate to cases or suspected cases of disease or health conditions must be kept confidential (TEX. HEALTH & SAFETY CODE ANN. § 81.046). 
  • Test results for HIV and AIDS are also confidential (TEX. HEALTH & SAFETY CODE ANN. § 81.103).

Cancer Incidence Reporting

Exposure to Agent Orange

Occupational Condition

HIV Services

Birth Defects

Reports of Childhood Lead Poisoning

Injury Prevention and Control

Prevention of Cardiovascular Disease and Stroke

  • Prevention of Cardiovascular Disease and Stroke, TEX. HEALTH & SAFETY CODE ANN. § 93.001 et seq.
  • Information Received From Another State Agency; Confidentiality, TEX. HEALTH & SAFETY CODE ANN. § 93.054

Diabetes

REspiratory Syncytial Virus

Public Health Provisions

Blood Banks and Blood Donation

Advance Directives

Medical Records

Hospital Licensing

Covalescent and Nursing Homes

Abortion Facility Reporting

Continuing Care and Rehabilitation

Intermediate Care

Hospital Data Reporting and Collection

Mental Health and Mental Retardation

Heritable Diseases

  • Phenylketonuria, Other Heritable Diseases, Hypothyroidism, and Certain Other Disorders, TEX. HEALTH & SAFETY CODE ANN. § 33.001 et seq.
  • Newborn Screening - Confidentiality, TEX. HEALTH & SAFETY CODE ANN. § 33.018

Health Services Authority

Correctional Office

Emergency Health Care

Fetal and Infant Mortality

Hearing Loss in Newborns

Powers and Duties of the Department of Health

Court-Ordered Mental Health Services

Adult Fatality

Health Care Information Council

Provision of Services

REporting of Health Care-Associated Infections and Preventable Adverse Events

  • Reporting of Health Care-Associated Infections and Preventable Adverse Events, TEX. HEALTH & SAFETY CODE ANN. § 98.001 et seq.
  • Confidentiality; Privilege, TEX. HEALTH & SAFETY CODE ANN. §98.109

 

Texas Business & Commerce Code


 

Texas Education Code


 

Texas Family Code


 

Texas Government Code


 

Texas Human Resources Code


 

Texas Insurance Code


 

Texas Labor Code


 

Texas Property Code


 

Texas Transportation Code


 

Texas Civil Practice and Remedies Code


 

Texas Code of Criminal Procedures