Bill > SB1188

This bill establishes comprehensive regulations for electronic health records (EHRs) in Texas, creating new requirements for healthcare providers and entities. The bill defines key terms like biological sex, covered entities, and sexual development disorders, and mandates that EHRs must be physically stored within the United States with strict access controls to protect patient information. Healthcare practitioners are allowed to use artificial intelligence for diagnostic purposes, but must disclose its use to patients and review AI-generated records according to medical standards. The bill requires EHRs to include a separate space for documenting an individual's biological sex as determined at birth and any sexual development disorders. The bill also restricts what information can be collected in EHRs, prohibiting storage of credit scores or voter registration status. Covered entities can only amend biological sex information for clerical errors or when a sexual development disorder is diagnosed. The Texas Attorney General is authorized to seek injunctive relief and impose civil penalties for violations, with penalties ranging from $5,000 for negligent violations to $250,000 for intentional misuse of protected health information for financial gain. Regulatory agencies are required to investigate potential violations and can take disciplinary actions like suspending or revoking licenses for repeated infractions. The bill will take effect on September 1, 2025, with some provisions like EHR storage requirements becoming effective on January 1, 2026.

Government Affairs, Health and Social Services

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB1188