By: Fairly 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.