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A BILL TO BE ENTITLED
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AN ACT
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relating to notice regarding access by a parent, guardian, or |
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managing conservator to a child's health records. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 181.102, Health and Safety Code, is |
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amended by adding Subsections (d) and (e) to read as follows: |
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(d) Subject to Subsection (e), a covered entity that |
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restricts a parent's, guardian's, or managing conservator's access |
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to an online patient portal or health software application |
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containing the electronic health records of a child who is 17 years |
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of age or younger shall notify each parent, guardian, or managing |
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conservator that the parent, guardian, or managing conservator may |
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access the child's records by contacting the covered entity. The |
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covered entity shall: |
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(1) provide the notification by e-mail every six |
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months using the most recent e-mail address on file for the parent, |
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guardian, or managing conservator; and |
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(2) include in the notification the telephone number, |
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e-mail address, and mailing address of the division of the covered |
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entity that maintains the records. |
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(e) A covered entity: |
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(1) is only required to provide notification under |
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Subsection (d) if the covered entity electronically maintains |
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health records for a child who received care or treatment from the |
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covered entity within the preceding 48 months; and |
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(2) is not required to ensure the parent, guardian, or |
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managing conservator received the provided notification. |
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SECTION 2. This Act takes effect September 1, 2025. |