Law / United States / Texas
S.B. 1188 (2025), AI diagnostic disclosure duty in electronic health records
Tex. Health & Safety Code § 183.005
A citation is an address, not a summary. The first part names the law; what follows narrows it to the exact section, article or paragraph.
In force since 1 September 2025.
An AI sector rules rule binding public and private bodies.
As of 6 September 2026.
What it requires
- If you are a health care practitioner using AI for diagnostic purposes, including AI-generated recommendations on a diagnosis or course of treatment, stay within the scope of your license, do not use AI in a way state or federal law otherwise restricts, and review all AI-created records consistent with Texas Medical Board standards.
- Disclose your use of AI for diagnostic purposes to the patient.
- A covered entity that violates this chapter risks a civil penalty of up to $5,000 per negligent violation, $25,000 per knowing or intentional violation, or $250,000 per violation involving knowing or intentional use of protected health information for financial gain, plus possible regulatory discipline.
If you get it wrong
Criminal exposureNo
Penalty structure
Sec. 183.011(b) sets three tiers per violation per year: $5,000 for a negligent violation, $25,000 for a knowing or intentional violation, and $250,000 where protected health information was knowingly or intentionally used for financial gain. The figure recorded here is the top tier.
- Rule
- Per violation only
- As of
- 6 September 2026
- Minimum
- 5,000
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 250,000
Who enforces it
Enforcement body
Attorney General of Texas (injunctive relief and civil penalties); the Health and Human Services Commission and applicable licensing or regulatory agency (investigation and disciplinary action)
What it reaches
Obligation class
Disclosure
What this law does
Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.
A health care practitioner, public or private, may use AI for diagnostic purposes, including AI-generated recommendations on diagnosis or treatment based on a patient's medical record, only if the practitioner stays within the scope of their license, the use is not otherwise restricted by law, and the practitioner reviews all AI-created records consistent with Texas Medical Board standards; a practitioner who uses AI for diagnosis must disclose that use to the patient.
This layers onto, and is narrower than, TRAIGA's own health-care AI disclosure duty at Business & Commerce Code 552.051(f). The chapter's covered entities may face a civil penalty of $5,000 per negligent violation, $25,000 per knowing or intentional violation, or $250,000 per violation where protected health information was knowingly or intentionally used for financial gain, plus regulatory investigation and disciplinary action.
When LexLint raises it
high_risk_decisions
Read the law
official codified text, Texas Constitution and Statutes, Texas Legislative Council