By: Hancock S.B. No. 1467
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. Section 159.006, Occupations Code, is amended by
amending Subsection (d) 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 159.0065(b), if
applicable.
SECTION 2. Chapter 159, Occupations Code, is amended by
adding Section 159.0065 to read as follows:
Sec. 159.0065. SENSITIVE TEST RESULTS FURNISHED BY
ELECTRONIC MEANS. (a) In this section:
(1) "Electronic means" means a posting on a secure
electronic network or Internet website, including a secure online
patient portal or health software application, that:
(A) 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.
(2) "Patient representative" means a person listed in
Subdivisions (1) through (4) of Section 159.005.
(3) "Sensitive test results" means:
(A) pathology reports or radiology reports that
have a reasonable likelihood of showing a finding of malignancy; or
(B) test results that could reveal genetic
markers.
(b) Sensitive test results may not be disclosed to a patient
or patient representative by electronic means until at least three
days after the sensitive test results are finalized.
(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) or Subsection (b) of
this section.
SECTION 3. This Act takes effect September 1, 2023.