Bill Text: TX HB2643 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to the disclosure of certain medical information by electronic means.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-03-13 - Referred to Public Health [HB2643 Detail]

Download: Texas-2023-HB2643-Introduced.html
 
 
  By: Price H.B. No. 2643
 
 
 
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.  Section 159.006, Occupations Code, is amended by
  amending Subsection (d) 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 159.0065(b), if
  applicable.
         SECTION 2.  Chapter 159, Occupations Code, is amended by
  adding Section 159.0065 to read as follows:
         Sec. 159.0065.  SENSITIVE TEST RESULTS FURNISHED BY
  ELECTRONIC MEANS. (a) In this section:
               (1)  “Electronic means” means a posting on a secure
  electronic network or Internet website, including a secure online
  patient portal or health software application, that:
                     (A)  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.
               (2) “Patient representative” means a person listed in
  Subdivisions (1) through (4) of Section 159.005.
               (3)  “Sensitive test results” means:
                     (A) pathology reports or radiology reports that
  have a reasonable likelihood of showing a finding of malignancy; or
                     (B)  test results that could reveal genetic
  markers.
         (b)  Sensitive test results may not be disclosed to a patient
  or patient representative by electronic means until at least three
  days after the sensitive test results are finalized.
         (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) or Subsection (b) of
  this section.
         SECTION 3.  This Act takes effect September 1, 2023.
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