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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. Section 159.006, Occupations Code, is amended by |
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amending Subsection (d) 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 159.0065(b), if |
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applicable. |
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SECTION 2. Chapter 159, Occupations Code, is amended by |
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adding Section 159.0065 to read as follows: |
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Sec. 159.0065. SENSITIVE TEST RESULTS FURNISHED BY |
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ELECTRONIC MEANS. (a) In this section: |
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(1) “Electronic means” means a posting on a secure |
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electronic network or Internet website, including a secure online |
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patient portal or health software application, that: |
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(A) 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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(2) “Patient representative” means a person listed in |
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Subdivisions (1) through (4) of Section 159.005. |
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(3) “Sensitive test results” means: |
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(A) pathology reports or radiology reports that |
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have a reasonable likelihood of showing a finding of malignancy; or |
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(B) test results that could reveal genetic |
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markers. |
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(b) Sensitive test results may not be disclosed to a patient |
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or patient representative by electronic means until at least three |
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days after the sensitive test results are finalized. |
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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) or Subsection (b) of |
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this section. |
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SECTION 3. This Act takes effect September 1, 2023. |