Bill Text: TX SB1467 | 2023-2024 | 88th Legislature | Enrolled
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-Enrolled.html
| S.B. No. 1467 | ||
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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 before the third day | ||
| after the date the sensitive test results are finalized. | ||
| (c) A person who administers or controls the electronic | ||
| health record of a patient is responsible for implementing | ||
| Subsection (b). | ||
| (d) 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 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. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 1467 passed the Senate on | ||
| April 24, 2023, by the following vote: Yeas 30, Nays 0; and that | ||
| the Senate concurred in House amendment on May 25, 2023, by the | ||
| following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 1467 passed the House, with | ||
| amendment, on May 19, 2023, by the following vote: Yeas 131, | ||
| Nays 12, two present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
