By: Hancock, Campbell S.B. No. 922
A BILL TO BE ENTITLED
AN ACT
relating to the disclosure of certain medical information by
electronic means.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 159.006(d), Occupations Code, is amended
to read as follows:
(d) A physician shall provide the information requested
under this section:
(1) not later than the 15th business day after the date
of receipt of the written consent for release under Subsection (a)
or the written request under Subsection (c); and
(2) in accordance with Section 159.0062(b), if
applicable.
SECTION 2. Chapter 159, Occupations Code, is amended by
adding Section 159.0062 to read as follows:
Sec. 159.0062. SENSITIVE TEST RESULTS DISCLOSED BY
ELECTRONIC MEANS. (a) In this section:
(1) "Electronic health record" has the meaning
assigned by Section 525.0201, Government Code.
(2) "Electronic means" means publishing information
on a secure electronic network or Internet website, including a
secure online patient portal or health software application:
(A) that is accessible by an electronic device,
including a computer, mobile device, or tablet; and
(B) through which the patient or patient
representative has consented to receive the patient's billing or
medical records.
(3) "Patient representative" means a person described
by Sections 159.005(a)(2)-(4).
(4) "Sensitive test result" means a:
(A) pathology report or radiology report that has
a reasonable likelihood of showing a finding of malignancy; or
(B) test result that may reveal a genetic marker.
(b) Sensitive test results may not be disclosed to a patient
or patient representative by electronic means before the third day
after the date the sensitive test results are finalized.
(c) A person who administers or controls the electronic
health record of a patient is responsible for implementing
Subsection (b).
(d) A person is not subject to civil, criminal, or
administrative liability or professional disciplinary action for
failure to comply with Section 159.006(d)(2) or this section.
SECTION 3. Section 159.0062, Occupations Code, as added by
this Act, applies only to the disclosure of test results on or after
the effective date of this Act.
SECTION 4. Section 159.006, Occupations Code, as amended by
this Act, applies to a request for information under that section
made on or after the effective date of this Act. A request made
before the effective date of this Act is governed by the law in
effect on the date the request was made, and the former law is
continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2025.