SB 1188 (2025) — Electronic health record requirements, including AI use by health care practitioners

Summary

Texas SB 1188, signed on June 20, 2025, and effective September 1, 2025, adds Chapter 183 to the Health and Safety Code on electronic health records. A health care practitioner may use AI for diagnostic purposes, including recommendations on diagnosis or treatment, if acting within the scope of their license, the use is not otherwise restricted by law, and the practitioner reviews all AI-created records in line with Texas Medical Board standards; the practitioner must disclose that use of AI to patients. Covered entities must keep electronic health records physically in the United States or its territories, a requirement that applies to storage from January 1, 2026. The Attorney General may seek injunctions and civil penalties of up to $5,000 per negligent violation, $25,000 per knowing or intentional violation and $250,000 where protected health information was knowingly used for financial gain, and licensing agencies may take disciplinary action.

Key dates

1. June 20, 2025Enacted
2. September 1, 2025Takes effect
3. October 16, 2026Checked against sources
4. October 21, 2026Checked against sources

Developments are added when the record is reviewed. Next review: October 16, 2027.

Evidence

Each passage is quoted from its source. The quoted passages are re-checked against the live pages every month.

1. Effective on 9/1/25 06/20/2025 E Signed by the Governor 06/20/2025

   Supports: Signing and effective dates

   Relating to electronic health record requirements; authorizing a civil penalty.

   Supports: Caption

   89(R) History for SB 1188 Texas Legislature Online Primary source

2. the practitioner reviews all records created with

   Supports: Practitioner review of AI-created records

   artificial intelligence in a manner that is consistent with medical

   Supports: Review standard

   intelligence for diagnostic purposes as described by Subsection (a)

   Supports: Disclosure duty applies to diagnostic AI use

   physically maintained in the United States or a

   Supports: U.S. storage requirement

   or after January 1, 2026, regardless of the date on which the

   Supports: Storage requirement applies from January 1, 2026

   This Act takes effect September 1, 2025.

   Supports: Effective date

   attorney general may institute an action for injunctive relief to

   Supports: Attorney General enforcement

   $250,000 for each violation in which the

   Supports: Top penalty tier

   89(R) SB 1188 – Enrolled version Texas Legislature Online Primary source