By: Hancock S.B. No. 1467
(In the Senate - Filed March 2, 2023; March 16, 2023, read
first time and referred to Committee on Health & Human Services;
April 18, 2023, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 18, 2023,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1467 By: Hughes
A BILL TO BE ENTITLED
AN ACT
relating to the disclosure of certain medical information by
electronic means.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle I, Title 2, Health and Safety Code, is
amended by adding Chapter 183 to read as follows:
CHAPTER 183. DISCLOSURE OF CERTAIN MEDICAL INFORMATION BY
ELECTRONIC MEANS
Sec. 183.001. DEFINITIONS. In this chapter:
(1) "Electronic health record" has the meaning
assigned by Section 531.901, Government Code.
(2) "Electronic means" means publishing information
on a secure electronic network or Internet website, including a
secure online patient portal or health software application:
(A) that is accessible by an electronic device,
including a computer, mobile device, or tablet; and
(B) at which the patient or patient
representative has consented to receive the patient's billing or
medical records.
(3) "Patient" has the meaning assigned by Section
159.001, Occupations Code.
(4) "Patient representative" means a person described
by Sections 159.005(a)(2)-(4), Occupations Code.
(5) "Sensitive test result" means a:
(A) pathology report or radiology report that has
a reasonable likelihood of showing a finding of malignancy; or
(B) test result that may reveal a genetic marker.
Sec. 183.002. SENSITIVE TEST RESULTS DISCLOSED BY
ELECTRONIC MEANS. (a) A person may not disclose sensitive test
results by electronic means to a patient or patient representative
before the third day after the date the test results are finalized.
(b) A person who administers or controls the electronic
health record of a patient shall ensure compliance with the
prohibition imposed by Subsection (a).
(c) A person is not subject to civil, criminal, or
administrative liability or professional disciplinary action for
failure to comply with Section 159.006(d)(2), Occupations Code, or
this section.
SECTION 2. Section 159.006(d), Occupations Code, is amended
to read as follows:
(d) A physician shall provide the information requested
under this section:
(1) not later than the 15th business day after the date
of receipt of the written consent for release under Subsection (a)
or the written request under Subsection (c); and
(2) in accordance with Section 183.002, Health and
Safety Code, if applicable.
SECTION 3. Chapter 183, Health and Safety Code, as added by
this Act, applies only to the disclosure of test results on or after
the effective date of this Act.
SECTION 4. Section 159.006, Occupations Code, as amended by
this Act, applies to a request for information under that section
made on or after the effective date of this Act. A request made
before the effective date of this Act is governed by the law in
effect on the date the request was made, and the former law is
continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2023.
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