SB1393 - Relating to electronic health record requirements, including the recording of an individual's biological sex.

  89R10317 EAS-D     By: Hall S.B. No. 1393       A BILL TO BE ENTITLED   AN ACT   relating to electronic health record requirements, including the   recording of an individual's biological sex.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle I, Title 2, Health and Safety Code, is   amended by adding Chapter 183 to read as follows:   CHAPTER 183. ELECTRONIC HEALTH RECORDS           Sec. 183.001.  DEFINITIONS. In this chapter:                 (1)     "Biological sex" means the biological trait that   determines whether a sexually reproducing organism produces male or   female gametes.                 (2)     "Female" means an individual whose reproductive   system is developed to produce ova.                 (3)     "Health care provider" means an individual who is   licensed, certified, or otherwise authorized to provide health care   services in this state.                 (4)     "Male" means an individual whose reproductive   system is developed to produce sperm.                 (5)     "Sexual development disorder" means a group of   congenital conditions associated with atypical development of   internal or external genital structures. The term includes   chromosomal, gonadal, and anatomic abnormalities.           Sec.   183.002.     ELECTRONIC HEALTH RECORD REQUIREMENTS. (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 health care provider in this state includes a   separate space for the health care provider to record:                       (A)     an individual's biological sex as either male   or female based on the individual's observed biological sex   recorded by a health care provider at birth; and                       (B)     information on an individual's sexual   development disorder, if applicable, whether identified at birth or   later in the individual's life; and                 (2)     any algorithm or decision tree included in an   electronic health record for assisting a health care provider in   making medical treatment decisions is based on an individual's   biological sex as recorded in the space described by Subdivision   (1)(A).           (b)     This section does not prevent an electronic health   record from including spaces for recording other information   related to an individual's biological sex or gender identity.           Sec.   183.003.     AMENDING CERTAIN INFORMATION IN ELECTRONIC   HEALTH RECORDS. (a) An individual's biological sex recorded in the   space of an electronic health record described by Section   183.002(a)(1)(A) may be amended by a health care provider only if:                 (1)  the amendment is to correct a clerical error; or                 (2)     the individual is diagnosed with a sexual   development disorder and the amendment is to record the   individual's biological sex as the opposite biological sex.           (b)     If an individual's biological sex is amended under   Subsection (a)(2), the health care provider shall include   information on the individual's sexual development disorder in the   space of the individual's electronic health record described by   Section 183.002(a)(1)(B).           Sec.   183.004.     RULES. The commission, the Texas Medical   Board, and the Texas Department of Insurance shall adopt rules as   necessary to implement this chapter.          SECTION 2.  Chapter 183, Health and Safety Code, as added by   this Act, applies only to an electronic health record prepared on or   after the effective date of this Act.          SECTION 3.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.