The bill, S.B. No. 1393, introduces new requirements for electronic health records (EHRs) in Texas, specifically mandating the inclusion of an individual's biological sex. It establishes Chapter 183 in the Health and Safety Code, which defines key terms such as "biological sex," "male," "female," and "sexual development disorder." The bill requires that each EHR maintained by a healthcare provider includes a designated space to record an individual's biological sex as either male or female, based on observations made at birth, as well as information regarding any sexual development disorder if applicable. Additionally, any algorithms or decision-making tools within the EHR must utilize the recorded biological sex for medical treatment decisions.

Furthermore, the bill outlines the conditions under which an individual's recorded biological sex can be amended, allowing changes only to correct clerical errors or if the individual is diagnosed with a sexual development disorder that necessitates recording the opposite biological sex. The healthcare provider must also document the sexual development disorder in the EHR if such an amendment occurs. The bill mandates that the Texas Medical Board, the Texas Department of Insurance, and the commission adopt necessary rules for implementation, and it specifies that these requirements apply only to EHRs prepared on or after the bill's effective date.

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