Texas regulates EHRs, AI use in care

A Texas law regulating the use of EHRs and artificial intelligence in patient care took effect Sept. 1.

Texas Senate Bill 1188 requires healthcare providers and other covered entities to store patient EHRs exclusively within the United States and limit access to individuals involved in treatment, payment or healthcare operations. The law also requires covered entities to ensure parents and legal guardians have immediate access to a minor’s health records, unless restricted by law or court order.

The law permits the use of AI for diagnosis and treatment recommendations, but mandates that practitioners disclose its use to patients and manually review any AI-generated clinical information for accuracy.

Additional provisions prohibit including credit scores or voter registration status in medical records, and establish strict guidelines for how biological sex is documented and amended in the EHR.

Violations may result in civil penalties ranging from $5,000 to $250,000, depending on severity and intent. Entities must implement the data storage provisions by Jan. 1, 2026.

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