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

89(R) HB 1699 - House Committee Report version - Bill Text

89R12037 RAL-F

By: Fairly, Johnson, Frank, Howard,

H.B. No. 1699

Morales of Maverick

Substitute the following for H.B. No. 1699:

By: VanDeaver

C.S.H.B. No. 1699

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(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 159.0062(b), if

applicable
.

SECTION 2. Chapter 159, Occupations Code, is amended by

adding Section 159.0062 to read as follows:

Sec.

159.0062.

SENSITIVE TEST RESULTS DISCLOSED BY

ELECTRONIC MEANS. (a) In this section:

(1)

"Electronic health record" has the meaning

assigned by Section 525.0201, 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 159.0062, 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, 2025.