Hall’s bill on recording biological sex in health records

The text as introduced · 544 words

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.