By: Bettencourt S.B. No. 2064
A BILL TO BE ENTITLED
AN ACT
relating to the dissemination of patient information through a
telemedicine, telehealth, or teledentistry service.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 111, Occupations Code, is amended by
adding Section 111.010 to read as follows:
Sec. 111.010. RESTRICTION ON SALE OR SHARING OF PATIENT
INFORMATION. (a) In this section:
(1) "Patient information" means any information
relating to:
(A) the past, present, or future physical or
mental health condition of an individual;
(B) the provision of health care to an
individual; or
(C) the past, present, or future payment for the
provision of health care to an individual.
(2) "Social media platform" has the meaning assigned
by Section 120.001, Business & Commerce Code.
(b) A physician, health professional, or dentist may not
provide a telemedicine medical service, telehealth service, or
teledentistry dental service, as applicable, through an entity that
provides telecommunications or information technology to enable
the service if the entity engages in the sale of the patient
information of a patient of the physician, health professional, or
dentist to or otherwise shares the patient information with a
social media platform.
(c) A physician, health professional, or dentist who
knowingly violates this section is subject to disciplinary action
by the applicable licensing entity, unless the physician, health
professional, or dentist had received written assurances from the
entity providing telecommunications or information technology that
the entity appropriately safeguards patient information of the
physician's, health professional's, or dentist's patients.
(d) An entity that provides telecommunications or
information technology to enable a telemedicine medical service,
telehealth service, or teledentistry service may not sell or
otherwise share patient information with a social media platform.
A violation of this subsection may be enforced in the same manner as
a violation of Chapter 181, Health and Safety Code, is enforced
under Subchapter E of that chapter.
(e) A licensing entity may adopt rules necessary to
implement this section.
SECTION 2. This Act takes effect September 1, 2023.