| 4 | 7 | | |
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| 5 | 8 | | |
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| 6 | 9 | | A BILL TO BE ENTITLED |
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| 7 | 10 | | AN ACT |
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| 8 | 11 | | relating to the disclosure of certain medical information by |
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| 9 | 12 | | electronic means. |
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| 10 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 14 | | SECTION 1. Section 159.006(d), Occupations Code, is amended |
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| 12 | 15 | | to read as follows: |
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| 13 | 16 | | (d) A physician shall provide the information requested |
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| 14 | 17 | | under this section: |
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| 15 | 18 | | (1) not later than the 15th business day after the date |
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| 16 | 19 | | of receipt of the written consent for release under Subsection (a) |
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| 17 | 20 | | or the written request under Subsection (c); and |
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| 18 | 21 | | (2) in accordance with Section 159.0062(b), if |
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| 19 | 22 | | applicable. |
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| 20 | 23 | | SECTION 2. Chapter 159, Occupations Code, is amended by |
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| 21 | 24 | | adding Section 159.0062 to read as follows: |
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| 22 | 25 | | Sec. 159.0062. SENSITIVE TEST RESULTS DISCLOSED BY |
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| 23 | 26 | | ELECTRONIC MEANS. (a) In this section: |
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| 24 | 27 | | (1) "Electronic health record" has the meaning |
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| 25 | 28 | | assigned by Section 525.0201, Government Code. |
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| 26 | 29 | | (2) "Electronic means" means publishing information |
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| 27 | 30 | | on a secure electronic network or Internet website, including a |
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| 28 | 31 | | secure online patient portal or health software application: |
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| 29 | 32 | | (A) that is accessible by an electronic device, |
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| 30 | 33 | | including a computer, mobile device, or tablet; and |
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| 31 | 34 | | (B) through which the patient or patient |
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| 32 | 35 | | representative has consented to receive the patient's billing or |
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| 33 | 36 | | medical records. |
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| 34 | 37 | | (3) "Patient representative" means a person described |
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| 35 | 38 | | by Sections 159.005(a)(2)-(4). |
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| 36 | 39 | | (4) "Sensitive test result" means a: |
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| 37 | 40 | | (A) pathology report or radiology report that has |
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| 38 | 41 | | a reasonable likelihood of showing a finding of malignancy; or |
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| 39 | 42 | | (B) test result that may reveal a genetic marker. |
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| 40 | 43 | | (b) Sensitive test results may not be disclosed to a patient |
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| 41 | 44 | | or patient representative by electronic means before the third day |
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| 42 | 45 | | after the date the sensitive test results are finalized. |
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| 43 | 46 | | (c) A person who administers or controls the electronic |
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| 44 | 47 | | health record of a patient is responsible for implementing |
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| 45 | 48 | | Subsection (b). |
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| 46 | 49 | | (d) A person is not subject to civil, criminal, or |
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| 47 | 50 | | administrative liability or professional disciplinary action for |
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| 48 | 51 | | failure to comply with Section 159.006(d)(2) or this section. |
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| 49 | 52 | | SECTION 3. Section 159.0062, Occupations Code, as added by |
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| 50 | 53 | | this Act, applies only to the disclosure of test results on or after |
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| 51 | 54 | | the effective date of this Act. |
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| 52 | 55 | | SECTION 4. Section 159.006, Occupations Code, as amended by |
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| 53 | 56 | | this Act, applies to a request for information under that section |
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| 54 | 57 | | made on or after the effective date of this Act. A request made |
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| 55 | 58 | | before the effective date of this Act is governed by the law in |
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| 56 | 59 | | effect on the date the request was made, and the former law is |
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| 57 | 60 | | continued in effect for that purpose. |
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| 58 | 61 | | SECTION 5. This Act takes effect September 1, 2025. |
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