By: Hancock  S.B. No. 1467
         (In the Senate - Filed March 2, 2023; March 16, 2023, read
  first time and referred to Committee on Health & Human Services;
  April 18, 2023, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 9, Nays 0; April 18, 2023,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1467 By:  Hughes
 
 
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.  Subtitle I, Title 2, Health and Safety Code, is
  amended by adding Chapter 183 to read as follows:
  CHAPTER 183.  DISCLOSURE OF CERTAIN MEDICAL INFORMATION BY
  ELECTRONIC MEANS
         Sec. 183.001.  DEFINITIONS. In this chapter:
               (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)  at which the patient or patient
  representative has consented to receive the patient's billing or
  medical records.
               (3)  "Patient" has the meaning assigned by Section
  159.001, Occupations Code.
               (4)  "Patient representative" means a person described
  by Sections 159.005(a)(2)-(4), Occupations Code.
               (5)  "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.
         Sec. 183.002.  SENSITIVE TEST RESULTS DISCLOSED BY
  ELECTRONIC MEANS.  (a)  A person may not disclose sensitive test
  results by electronic means to a patient or patient representative
  before the third day after the date the test results are finalized.
         (b)  A person who administers or controls the electronic
  health record of a patient shall ensure compliance with the
  prohibition imposed by Subsection (a).
         (c)  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), Occupations Code, or
  this section.
         SECTION 2.  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 183.002, Health and
  Safety Code, if applicable.
         SECTION 3.  Chapter 183, Health and Safety 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.
 
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