S.B. No. 1188 introduces new regulations regarding electronic health records (EHR) in Texas by adding Chapter 183 to the Health and Safety Code. The bill mandates that covered entities must ensure that electronic health records containing patient information are stored physically within the United States or its territories. It also requires that these records include specific medical history information, such as communications related to an individual's metabolic health and diet, and prohibits the collection of certain personal information, like credit scores and voter registration status, in EHRs. Additionally, the bill outlines the use of artificial intelligence in diagnostics, stipulating that healthcare practitioners must disclose its use to patients and adhere to established medical record standards.

Furthermore, the bill establishes requirements for documenting biological sex in EHRs, allowing amendments only under specific circumstances, such as correcting clerical errors or diagnosing sexual development disorders. It empowers the Texas Medical Board and other regulatory agencies to investigate violations and impose civil penalties for non-compliance, with fines ranging from $5,000 to $250,000 depending on the nature of the violation. The act is set to take effect on September 1, 2025, with certain provisions applying to records prepared on or after that date.

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