What happened?

On June 22, 2025, Texas Governor Greg Abbott signed Senate Bill 1188 (SB 1188) into law, establishing new rules for how healthcare providers in Texas manage electronic health records (EHRs) and use artificial intelligence (AI) in medical care.

Overview:

Biological Sex at Birth: SB 1188 requires that all EHRs include a fixed field for a patient’s “biological sex at birth,” defined by reproductive traits.

• This field can only be changed in cases of clerical error or diagnosed intersex condition.

• While gender identity may still be recorded, it must appear in a separate, optional field.

• Parents and guardians must be given full access to a minor’s health records unless restricted by law.

Data Security Standard: The law also sets strict data security standards.

• All EHRs must be stored within the United States or its territories, including those managed by third-party vendors or cloud services.

• Access to these records must be limited to individuals with a legitimate need, and healthcare providers must implement safeguards to protect patient privacy.

AI Tools: In terms of AI, SB 1188 allows healthcare professionals to use AI tools for diagnosis and treatment planning—but only with human oversight. Providers must review all AI-generated recommendations and disclose their use to patients.

Violations of the law: can result in civil penalties of up to $250,000, especially in cases involving misuse of protected health information.

• Data storage requirements become enforceable on January 1, 2026.

Source References

• Texas SB 1188 – Relating to electronic health record requirements; authorizing a civil penalty

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