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
88R27009 SHH-F | ||
By: Hancock | S.B. No. 1467 | |
(Price) | ||
Substitute the following for S.B. No. 1467: No. |
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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. 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 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 DISCLOSED BY | ||
ELECTRONIC MEANS. (a) In this section: | ||
(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) through which the patient or patient | ||
representative has consented to receive the patient's billing or | ||
medical records. | ||
(3) "Patient representative" means a person described | ||
by Sections 159.005(a)(2)-(4). | ||
(4) "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. | ||
(b) Sensitive test results may not be disclosed to a patient | ||
or patient representative by electronic means by a person or entity | ||
who administers or controls the electronic health record of the | ||
patient before the third day after the date the sensitive test | ||
results are finalized. | ||
(c) A person or entity is not subject to civil, criminal, or | ||
administrative liability or professional disciplinary action for | ||
failure to comply with Section 159.006(d)(2) or this section. | ||
SECTION 3. Section 159.0065, Occupations 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. |