Binding law — in force
Texas practitioners using diagnostic AI must review every record the AI creates (Texas SB 1188)
Texas Health and Safety Code 183.005(a) lets a practitioner use AI for diagnostic purposes, including AI suggestions about a diagnosis or treatment course based on the patient's record, only while acting within the scope of their license, where the use is not otherwise barred by state or federal law, and if the practitioner reviews every record created with AI in line with Texas Medical Board medical-records standards. The code-visible piece is the review step: an AI-drafted note, summary, or diagnostic entry should not become part of the chart as a final record until a practitioner has reviewed it. Detect AI-generated clinical documentation or diagnostic output written to the EHR as final or signed without a recorded practitioner review.
tx-sb1188.ai-created-records-practitioner-review · Tex. Health & Safety Code 183.005(a) · official source · jurisdictions: US-TX
Binding law — in force
Texas practitioners must tell patients when they use AI for diagnostic purposes (Texas SB 1188)
Texas Health and Safety Code 183.005(b) requires a health care practitioner who relies on AI for diagnostic purposes, including AI recommendations on a diagnosis or treatment course drawn from a patient's record, to tell their patients that they use the technology. The statute does not prescribe the notice's form or timing, so a patient-facing statement in intake, consent, portal, or visit-summary materials is the practical evidence. Detect a diagnostic-AI path (clinical decision support, a diagnostic model, or an LLM diagnosis prompt) with no patient-facing AI-use disclosure anywhere in the product.
tx-sb1188.ai-diagnostic-use-patient-disclosure · Tex. Health & Safety Code 183.005(b) · official source · jurisdictions: US-TX
Binding law — in force
Treatment-decision algorithms in Texas EHRs must use the patient's recorded biological sex (Texas SB 1188)
Texas Health and Safety Code 183.007, added by SB 1188, tells the Health and Human Services Commission, the Texas Medical Board and the Texas Department of Insurance to jointly make sure of two things for electronic health records that covered entities in Texas prepare or maintain. First, the record has its own field for the patient's biological sex, entered as male or female from the sex a practitioner observed and recorded at birth, and a field for any sexual development disorder. Second, any algorithm or decision assistance tool built into the record to help a practitioner make treatment decisions takes the biological sex from that dedicated field as an input. Additional sex or gender identity fields remain allowed (183.007(b)). The statute states the duty as one the agencies must ensure; the chapter's investigation, licensing-discipline and Attorney General penalty provisions reach covered entities that violate the chapter, and how they apply here is flagged for legal review. Detect a treatment-decision tool, including an AI or LLM recommendation path, that runs on EHR patient context without the recorded biological sex or substitutes an administrative-gender or gender-identity value for it, and an EHR data model with no dedicated biological-sex field.
tx-sb1188.ehr-treatment-tool-biological-sex-input · Tex. Health & Safety Code 183.007 · official source · jurisdictions: US-TX