SB922

SB922 says certain sensitive test results cannot be released to a patient or specified representative through a consented-to electronic portal or similar system before the third day after the results are finalized. Covered results are pathology or radiology reports reasonably likely to show malignancy, and test results that may reveal a genetic marker. It is not a delay for every medical record, and the trigger is finalization—not the day the test was performed. The statute says “third day,” not three business days or a fixed 72-hour clock. New section 159.0062(a)–(b).

“Electronic means” covers a secure network or website, including a patient portal or health app, accessible by electronic device and through which the patient or representative has consented to receive records. The specified representatives are a minor’s parent/legal guardian, an adjudicated incapacitated patient’s legal guardian, or an authorized appointed attorney ad litem—not simply any relative. Responsibility for implementing the delay falls on the person administering or controlling the patient’s electronic health record. The incorporated definition describes a standards-based record usable across two or more health care organizations. Definitions and responsibility; Referenced representatives, (a)(2)–(4); Electronic health record definition.

Importantly, the act expressly bars civil, criminal or administrative liability and professional discipline for failure to comply with this new section or its new cross-reference. It does not extend that protection to the existing 15-business-day records-response deadline. That deadline remains, with compliance also required with the new electronic-release restriction when applicable. The act does not require a clinician to call before release or prohibit an earlier conversation by phone or in person under this provision. Sections 1–2; Existing records-request framework.

Signed May 19, 2025, the law took effect September 1, 2025. The new sensitive-result section applies to disclosures on or after that date. The amended records-request provision applies to requests made on or after that date; earlier requests remain under prior law. History; Sections 3–5.