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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