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A BILL TO BE ENTITLED
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AN ACT
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relating to the disclosure of certain medical information by |
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electronic means. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle I, Title 2, Health and Safety Code, is |
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amended by adding Chapter 183 to read as follows: |
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CHAPTER 183. DISCLOSURE OF CERTAIN MEDICAL INFORMATION BY |
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ELECTRONIC MEANS |
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Sec. 183.001. DEFINITIONS. In this chapter: |
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(1) "Electronic health record" has the meaning |
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assigned by Section 531.901, Government Code. |
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(2) "Electronic means" means publishing information |
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on a secure electronic network or Internet website, including a |
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secure online patient portal or health software application: |
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(A) that is accessible by an electronic device, |
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including a computer, mobile device, or tablet; and |
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(B) at which the patient or patient |
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representative has consented to receive the patient's billing or |
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medical records. |
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(3) "Patient" has the meaning assigned by Section |
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159.001, Occupations Code. |
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(4) "Patient representative" means a person described |
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by Sections 159.005(a)(2)-(4), Occupations Code. |
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(5) "Sensitive test result" means a: |
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(A) pathology report or radiology report that has |
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a reasonable likelihood of showing a finding of malignancy; or |
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(B) test result that may reveal a genetic marker. |
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Sec. 183.002. SENSITIVE TEST RESULTS DISCLOSED BY |
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ELECTRONIC MEANS. (a) A person may not disclose sensitive test |
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results by electronic means to a patient or patient representative |
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before the third day after the date the test results are finalized. |
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(b) A person who administers or controls the electronic |
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health record of a patient shall ensure compliance with the |
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prohibition imposed by Subsection (a). |
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(c) A person is not subject to civil, criminal, or |
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administrative liability or professional disciplinary action for |
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failure to comply with Section 159.006(d)(2), Occupations Code, or |
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this section. |
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SECTION 2. Section 159.006(d), Occupations Code, is amended |
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to read as follows: |
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(d) A physician shall provide the information requested |
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under this section: |
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(1) not later than the 15th business day after the date |
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of receipt of the written consent for release under Subsection (a) |
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or the written request under Subsection (c); and |
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(2) in accordance with Section 183.002, Health and |
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Safety Code, if applicable. |
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SECTION 3. Chapter 183, Health and Safety Code, as added by |
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this Act, applies only to the disclosure of test results on or after |
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the effective date of this Act. |
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SECTION 4. Section 159.006, Occupations Code, as amended by |
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this Act, applies to a request for information under that section |
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made on or after the effective date of this Act. A request made |
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before the effective date of this Act is governed by the law in |
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effect on the date the request was made, and the former law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2023. |
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* * * * * |