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A BILL TO BE ENTITLED
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AN ACT
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relating to electronic health record requirements, including the |
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recording of an individual's biological sex. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle I, Title 2, Health and Safety Code, is |
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amended by adding Chapter 183 to read as follows: |
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CHAPTER 183. ELECTRONIC HEALTH RECORDS |
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Sec. 183.001. DEFINITIONS. In this chapter: |
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(1) "Biological sex" means the biological trait that |
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determines whether a sexually reproducing organism produces male or |
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female gametes. |
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(2) "Female" means an individual whose reproductive |
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system is developed to produce ova. |
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(3) "Health care provider" means an individual who is |
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licensed, certified, or otherwise authorized to provide health care |
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services in this state. |
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(4) "Male" means an individual whose reproductive |
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system is developed to produce sperm. |
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(5) "Sexual development disorder" means a group of |
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congenital conditions associated with atypical development of |
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internal or external genital structures. The term includes |
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chromosomal, gonadal, and anatomic abnormalities. |
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Sec. 183.002. ELECTRONIC HEALTH RECORD REQUIREMENTS. (a) |
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Notwithstanding any other law, the commission, the Texas Medical |
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Board, and the Texas Department of Insurance shall jointly ensure |
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that: |
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(1) each electronic health record prepared or |
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maintained by a health care provider in this state includes a |
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separate space for the health care provider to record: |
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(A) an individual's biological sex as either male |
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or female based on the individual's observed biological sex |
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recorded by a health care provider at birth; and |
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(B) information on an individual's sexual |
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development disorder, if applicable, whether identified at birth or |
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later in the individual's life; and |
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(2) any algorithm or decision tree included in an |
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electronic health record for assisting a health care provider in |
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making medical treatment decisions is based on an individual's |
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biological sex as recorded in the space described by Subdivision |
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(1)(A). |
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(b) This section does not prevent an electronic health |
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record from including spaces for recording other information |
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related to an individual's biological sex or gender identity. |
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Sec. 183.003. AMENDING CERTAIN INFORMATION IN ELECTRONIC |
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HEALTH RECORDS. (a) An individual's biological sex recorded in the |
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space of an electronic health record described by Section |
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183.002(a)(1)(A) may be amended by a health care provider only if: |
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(1) the amendment is to correct a clerical error; or |
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(2) the individual is diagnosed with a sexual |
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development disorder and the amendment is to record the |
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individual's biological sex as the opposite biological sex. |
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(b) If an individual's biological sex is amended under |
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Subsection (a)(2), the health care provider shall include |
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information on the individual's sexual development disorder in the |
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space of the individual's electronic health record described by |
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Section 183.002(a)(1)(B). |
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Sec. 183.004. RULES. The commission, the Texas Medical |
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Board, and the Texas Department of Insurance shall adopt rules as |
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necessary to implement this chapter. |
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SECTION 2. Chapter 183, Health and Safety Code, as added by |
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this Act, applies only to an electronic health record prepared on or |
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after the effective date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |