Bill Text: TX SB1467 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the disclosure of certain medical information by electronic means.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Vetoed) 2023-06-18 - Vetoed by the Governor [SB1467 Detail]
Download: Texas-2023-SB1467-Comm_Sub.html
Bill Title: Relating to the disclosure of certain medical information by electronic means.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Vetoed) 2023-06-18 - Vetoed by the Governor [SB1467 Detail]
Download: Texas-2023-SB1467-Comm_Sub.html
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.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 1467 | By: Hughes |
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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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