| 1 | 1 | | 89R5596 LRM-D |
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| 2 | 2 | | By: Hughes S.B. No. 1161 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to notice regarding access by a parent, guardian, or |
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| 10 | 10 | | managing conservator to a child's health records. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 181.102, Health and Safety Code, is |
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| 13 | 13 | | amended by adding Subsections (d) and (e) to read as follows: |
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| 14 | 14 | | (d) Subject to Subsection (e), a covered entity that |
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| 15 | 15 | | restricts a parent's, guardian's, or managing conservator's access |
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| 16 | 16 | | to an online patient portal or health software application |
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| 17 | 17 | | containing the electronic health records of a child who is 17 years |
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| 18 | 18 | | of age or younger shall notify each parent, guardian, or managing |
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| 19 | 19 | | conservator that the parent, guardian, or managing conservator may |
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| 20 | 20 | | access the child's records by contacting the covered entity. The |
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| 21 | 21 | | covered entity shall: |
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| 22 | 22 | | (1) provide the notification by e-mail every six |
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| 23 | 23 | | months using the most recent e-mail address on file for the parent, |
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| 24 | 24 | | guardian, or managing conservator; and |
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| 25 | 25 | | (2) include in the notification the telephone number, |
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| 26 | 26 | | e-mail address, and mailing address of the division of the covered |
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| 27 | 27 | | entity that maintains the records. |
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| 28 | 28 | | (e) A covered entity: |
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| 29 | 29 | | (1) is only required to provide notification under |
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| 30 | 30 | | Subsection (d) if the covered entity electronically maintains |
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| 31 | 31 | | health records for a child who received care or treatment from the |
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| 32 | 32 | | covered entity within the preceding 48 months; and |
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| 33 | 33 | | (2) is not required to ensure the parent, guardian, or |
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| 34 | 34 | | managing conservator received the provided notification. |
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| 35 | 35 | | SECTION 2. This Act takes effect September 1, 2025. |
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