89R10317 EAS-D
By: Hall S.B. No. 1393
A BILL TO BE ENTITLED
AN ACT
relating to electronic health record requirements, including the
recording of an individual's biological sex.
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. ELECTRONIC HEALTH RECORDS
Sec. 183.001. DEFINITIONS. In this chapter:
(1) "Biological sex" means the biological trait that
determines whether a sexually reproducing organism produces male or
female gametes.
(2) "Female" means an individual whose reproductive
system is developed to produce ova.
(3) "Health care provider" means an individual who is
licensed, certified, or otherwise authorized to provide health care
services in this state.
(4) "Male" means an individual whose reproductive
system is developed to produce sperm.
(5) "Sexual development disorder" means a group of
congenital conditions associated with atypical development of
internal or external genital structures. The term includes
chromosomal, gonadal, and anatomic abnormalities.
Sec. 183.002. ELECTRONIC HEALTH RECORD REQUIREMENTS. (a)
Notwithstanding any other law, the commission, the Texas Medical
Board, and the Texas Department of Insurance shall jointly ensure
that:
(1) each electronic health record prepared or
maintained by a health care provider in this state includes a
separate space for the health care provider to record:
(A) an individual's biological sex as either male
or female based on the individual's observed biological sex
recorded by a health care provider at birth; and
(B) information on an individual's sexual
development disorder, if applicable, whether identified at birth or
later in the individual's life; and
(2) any algorithm or decision tree included in an
electronic health record for assisting a health care provider in
making medical treatment decisions is based on an individual's
biological sex as recorded in the space described by Subdivision
(1)(A).
(b) This section does not prevent an electronic health
record from including spaces for recording other information
related to an individual's biological sex or gender identity.
Sec. 183.003. AMENDING CERTAIN INFORMATION IN ELECTRONIC
HEALTH RECORDS. (a) An individual's biological sex recorded in the
space of an electronic health record described by Section
183.002(a)(1)(A) may be amended by a health care provider only if:
(1) the amendment is to correct a clerical error; or
(2) the individual is diagnosed with a sexual
development disorder and the amendment is to record the
individual's biological sex as the opposite biological sex.
(b) If an individual's biological sex is amended under
Subsection (a)(2), the health care provider shall include
information on the individual's sexual development disorder in the
space of the individual's electronic health record described by
Section 183.002(a)(1)(B).
Sec. 183.004. RULES. The commission, the Texas Medical
Board, and the Texas Department of Insurance shall adopt rules as
necessary to implement this chapter.
SECTION 2. Chapter 183, Health and Safety Code, as added by
this Act, applies only to an electronic health record prepared on or
after the effective date of this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.