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A BILL TO BE ENTITLED
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AN ACT
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relating to the dissemination of patient information through a |
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telemedicine, telehealth, or teledentistry service. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 111, Occupations Code, is amended by |
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adding Section 111.010 to read as follows: |
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Sec. 111.010. RESTRICTION ON SALE OR SHARING OF PATIENT |
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INFORMATION. (a) In this section: |
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(1) "Patient information" means any information |
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relating to: |
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(A) the past, present, or future physical or |
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mental health condition of an individual; |
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(B) the provision of health care to an |
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individual; or |
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(C) the past, present, or future payment for the |
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provision of health care to an individual. |
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(2) "Social media platform" has the meaning assigned |
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by Section 120.001, Business & Commerce Code. |
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(b) A physician, health professional, or dentist may not |
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provide a telemedicine medical service, telehealth service, or |
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teledentistry dental service, as applicable, through an entity that |
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provides telecommunications or information technology to enable |
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the service if the entity engages in the sale of the patient |
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information of a patient of the physician, health professional, or |
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dentist to or otherwise shares the patient information with a |
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social media platform. |
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(c) A physician, health professional, or dentist who |
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knowingly violates this section is subject to disciplinary action |
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by the applicable licensing entity, unless the physician, health |
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professional, or dentist had received written assurances from the |
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entity providing telecommunications or information technology that |
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the entity appropriately safeguards patient information of the |
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physician's, health professional's, or dentist's patients. |
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(d) An entity that provides telecommunications or |
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information technology to enable a telemedicine medical service, |
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telehealth service, or teledentistry service may not sell or |
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otherwise share patient information with a social media platform. |
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A violation of this subsection may be enforced in the same manner as |
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a violation of Chapter 181, Health and Safety Code, is enforced |
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under Subchapter E of that chapter. |
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(e) A licensing entity may adopt rules necessary to |
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implement this section. |
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SECTION 2. This Act takes effect September 1, 2023. |