(a) Notwithstanding any other law, the commission, the Texas Medical Board, and the Texas Department of Insurance shall jointly ensure that:
(1) each electronic health record prepared or maintained by a covered entity in this state includes a separate space for the entity to document:
- (A) an individual's biological sex as either male or female based on the individual's observed biological sex recorded by a health care practitioner at birth; and
- (B) information on any sexual development disorder of the individual, whether identified at birth or later in the individual's life; and
- (2) any algorithm or decision assistance tool included in an electronic health record to assist a health care practitioner in making medical treatment decisions includes an individual's biological sex as recorded in the space described by Subdivision (1)(A).
- (b) This section does not prohibit an electronic health record from including spaces for recording other information related to an individual's biological sex or gender identity.
Added by Acts 2025, 89th Leg., R.S., Ch. 1002 (S.B. 1188), Sec. 1, eff. September 1, 2025.