33-19-105. Exemption based on federal medical privacy rules -- notice to commissioner required. (1) If a licensee is subject to and in compliance with a federal rule that is part of the federal health insurance portability and accountability privacy rules, 45 CFR, parts 160 and 164, and the federal rule with which the licensee complies is inconsistent with a provision of this chapter and not less protective of consumer privacy, the licensee is exempt from compliance with the inconsistent provision of this chapter.
     (2) If a licensee considers itself exempt from a provision of this chapter for the reason provided in subsection (1), the licensee shall give written notice to the commissioner of that exemption. The notice must include a statement of the reason for the claimed exemption.

     History: En. Sec. 3, Ch. 341, L. 2001.