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.
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