1. (a) In this section:

   1. (1) "Electronic health record" has the meaning assigned by Section 525.0201, Government Code.

   2. (2) "Electronic means" means publishing information on a secure electronic network or Internet website, including a secure online patient portal or health software application:

      1. (A) that is accessible by an electronic device, including a computer, mobile device, or tablet; and
      2. (B) through which the patient or patient representative has consented to receive the patient's billing or medical records.
   3. (3) "Patient representative" means a person described by Sections 159.005(a)(2)-(4).

   4. (4) "Sensitive test result" means a:

      1. (A) pathology report or radiology report that has a reasonable likelihood of showing a finding of malignancy; or
      2. (B) test result that may reveal a genetic marker.
2. (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.
3. (c) A person who administers or controls the electronic health record of a patient is responsible for implementing Subsection (b).
4. (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.

Added by Acts 2025, 89th Leg., R.S., Ch. 47 (S.B. 922), Sec. 2, eff. September 1, 2025.