BILL ANALYSIS

Senate Research Center	S.B. 2064
88R10058 BEE-D	By: Bettencourt
	Health & Human Services
	4/17/2023
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

In December 2022, Stat and The Markup released a study where they analyzed 50 direct-to-consumer telehealth companies to see which platforms shared information with the world's largest advertising platforms. The study found that at least 49 of them leaked medical information they collect to the world's largest advertising platforms such as Facebook, Google, TikTok, and Twitter. Some of the key takeaways are:

On 13 of the 50 websites, at least one tracker from Meta, Google, TikTok, Bing, Snap, Twitter, LinkedIn, or Pinterest collected patients' answers to medical intake questions.

Trackers on 25 sites told at least one big tech platform that the user had added an item like a prescription medication to their cart or checked out with a subscription for a treatment plan. All but one website examined sent URLs users visited on the site and their IP addresses to at least one tech company.

S.B. 2064 would ban physicians, health professionals, or dentists in Texas from working for an entity that provides telecommunications or information technology to enable the service if the entity engages in the sale of or otherwise shares patient information with a social media platform. S.B. 2064 also requires that any physician, health professional, or dentist who violates this section is subject to disciplinary action by their appropriate licensing entity.

As proposed, S.B. 2064 amends current law relating to the dissemination of patient information through a telemedicine, telehealth, or teledentistry service.

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to certain licensing entities in SECTION 1 (Section 111.010, Occupations Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 111, Occupations Code, by adding Section 111.010, as follows:

Sec. 111.010.  RESTRICTION ON SALE OR SHARING OF PATIENT INFORMATION. (a) Defines "social media platform."

(b)  Prohibits a physician, health professional, or dentist from providing a telemedicine medical service, telehealth service, or teledentistry dental service, as applicable, through an entity that provides telecommunications or information technology to enable the service if the entity engages in the sale of or otherwise shares patient information with a social media platform.

(c)  Provides that a physician, health professional, or dentist who violates this section is subject to disciplinary action by the applicable licensing entity.� Authorizes a licensing entity to adopt rules necessary to implement this section.

SECTION 2. Effective date: September 1, 2023.