Texas 2025 - 89th Regular

Texas Senate Bill SB1393 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R10317 EAS-D
2	2	By: Hall S.B. No. 1393
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to electronic health record requirements, including the
10	10	recording of an individual's biological sex.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle I, Title 2, Health and Safety Code, is
13	13	amended by adding Chapter 183 to read as follows:
14	14	CHAPTER 183. ELECTRONIC HEALTH RECORDS
15	15	Sec. 183.001. DEFINITIONS. In this chapter:
16	16	(1) "Biological sex" means the biological trait that
17	17	determines whether a sexually reproducing organism produces male or
18	18	female gametes.
19	19	(2) "Female" means an individual whose reproductive
20	20	system is developed to produce ova.
21	21	(3) "Health care provider" means an individual who is
22	22	licensed, certified, or otherwise authorized to provide health care
23	23	services in this state.
24	24	(4) "Male" means an individual whose reproductive
25	25	system is developed to produce sperm.
26	26	(5) "Sexual development disorder" means a group of
27	27	congenital conditions associated with atypical development of
28	28	internal or external genital structures. The term includes
29	29	chromosomal, gonadal, and anatomic abnormalities.
30	30	Sec. 183.002. ELECTRONIC HEALTH RECORD REQUIREMENTS. (a)
31	31	Notwithstanding any other law, the commission, the Texas Medical
32	32	Board, and the Texas Department of Insurance shall jointly ensure
33	33	that:
34	34	(1) each electronic health record prepared or
35	35	maintained by a health care provider in this state includes a
36	36	separate space for the health care provider to record:
37	37	(A) an individual's biological sex as either male
38	38	or female based on the individual's observed biological sex
39	39	recorded by a health care provider at birth; and
40	40	(B) information on an individual's sexual
41	41	development disorder, if applicable, whether identified at birth or
42	42	later in the individual's life; and
43	43	(2) any algorithm or decision tree included in an
44	44	electronic health record for assisting a health care provider in
45	45	making medical treatment decisions is based on an individual's
46	46	biological sex as recorded in the space described by Subdivision
47	47	(1)(A).
48	48	(b) This section does not prevent an electronic health
49	49	record from including spaces for recording other information
50	50	related to an individual's biological sex or gender identity.
51	51	Sec. 183.003. AMENDING CERTAIN INFORMATION IN ELECTRONIC
52	52	HEALTH RECORDS. (a) An individual's biological sex recorded in the
53	53	space of an electronic health record described by Section
54	54	183.002(a)(1)(A) may be amended by a health care provider only if:
55	55	(1) the amendment is to correct a clerical error; or
56	56	(2) the individual is diagnosed with a sexual
57	57	development disorder and the amendment is to record the
58	58	individual's biological sex as the opposite biological sex.
59	59	(b) If an individual's biological sex is amended under
60	60	Subsection (a)(2), the health care provider shall include
61	61	information on the individual's sexual development disorder in the
62	62	space of the individual's electronic health record described by
63	63	Section 183.002(a)(1)(B).
64	64	Sec. 183.004. RULES. The commission, the Texas Medical
65	65	Board, and the Texas Department of Insurance shall adopt rules as
66	66	necessary to implement this chapter.
67	67	SECTION 2. Chapter 183, Health and Safety Code, as added by
68	68	this Act, applies only to an electronic health record prepared on or
69	69	after the effective date of this Act.
70	70	SECTION 3. This Act takes effect immediately if it receives
71	71	a vote of two-thirds of all the members elected to each house, as
72	72	provided by Section 39, Article III, Texas Constitution. If this
73	73	Act does not receive the vote necessary for immediate effect, this
74	74	Act takes effect September 1, 2025.