New Texas laws require health care providers to disclose AI use

Two laws passed in the 89th Texas Legislature mandate that physicians and other health care providers disclose the use of artificial intelligence when caring for patients. The laws came as part of lawmakers’ efforts to regulate this emerging technology and while neither was focused specifically on AI in health care, they both contain provisions that will affect family doctors.

Senate Bill 1188 by Sen. Lois Kolkhorst (R-Brenham) implements new regulations on electronic health records, including a section on AI. It allows a health care practitioner to use AI technology for diagnostic purposes, provided:

• the practitioner is acting within the scope of their license or certification,
• the particular use of AI is not prohibited or restricted by law, and
• the practitioner reviews any records generated by AI in accordance with standards developed by the Texas Medical Board.

S.B. 1188 also states that a practitioner using AI for diagnostic purposes “must disclose the practitioner’s use of that technology to the practitioner’s patients.”

House Bill 149 by Rep. Giovanni Capriglione (R-Southlake) relates to the regulation of AI use in Texas more broadly. For physicians and other health professionals, the bill requires providers to disclose the use of AI to patients or to patients’ personal representatives “not later than the date the service or treatment is first provided ...,” except in the case of emergency. It also requires that the disclosure be clear and conspicuous, and that it “must be written in plain language.”

Failure to comply with these laws could result in the loss or suspension of a physician’s medical license, and may incur civil penalties.

The Texas Medical Liability Trust suggests some practical steps physicians can take to manage their use of AI, including the following.

• Establish or update your practice governance policies covering AI use, training, and audit trails. The American Medical Association has published a comprehensive guide to managing AI integration into health care systems.
• Fully document AI's role if used to make clinical decisions.
• Practice transparent communication with patients about AI use.
• Ensure AI tools do not use patients' health information to train other AI tools.

For more information about complying with these new state laws, read TMLT’s article, “New AI disclosure requirements for physicians passed into Texas law.”

Additional resources

American Medical Association: Governance for Augmented Intelligence

Texas Medical Association: Physicians must disclose AI use alongside existing HIPAA requirements, per state laws

AAFP: Artificial Intelligence (AI) in Family Medicine