88R27009 SHH-F
 
  By: Hancock S.B. No. 1467
 
  (Price)
 
  Substitute the following for S.B. No. 1467:  No.
 
 
 
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 159.0065(b), if
  applicable.
         SECTION 2.  Chapter 159, Occupations Code, is amended by
  adding Section 159.0065 to read as follows:
         Sec. 159.0065.  SENSITIVE TEST RESULTS DISCLOSED BY
  ELECTRONIC MEANS. (a)  In this section:
               (1)  "Electronic health record" has the meaning
  assigned by Section 531.901, 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 by a person or entity
  who administers or controls the electronic health record of the
  patient before the third day after the date the sensitive test
  results are finalized.
         (c)  A person or entity 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 159.0065, 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, 2023.