New Texas Law Gives Physicians 3 Days to Communicate Sensitive Test Results to Patients
Texas Governor Greg Abbott has signed a bill into law that provides physicians in the state with a 3-day window to review sensitive medical test results and communicate the findings to patients before they are notified electronically, and the test result is added to their electronic medical record.
Senate Bill 922, titled Relating to the disclosure of certain medical information by electronic means, was introduced by Sen. Kelly Hancock (R-North Richland Hills) and Rep. Caroline Fairly (R-Amarillo) in response to calls from physicians in the state to give them time to review sensitive test results and communicate that information to patients.
The bill was in response to a provision of the 21st Century Cures Act that required the immediate release of health information to patients’ information portals. Since the spring of 2021, test results have been sent to patients’ information portals immediately. While rapid access to health information has its benefits, there have been many cases where patients have received a cancer diagnosis via their smartphone rather than have the results explained by a physician in an informative and compassionate manner.
“As an oncologist, I’ve had many conversations with patients about their cancer-related tests. It is always a confusing and scary time for them, as the results can be life-changing. Oncologists are trained to convey this information in a timely, informative, and supportive manner so that patients understand not only what the test means but what options they have. This is an opportunity to offer hope and reassurance to the patient,” explained David Gerber, MD, on behalf of the Texas Medical Association in testimony provided to the House Public Health Committee.
Dr. Gerber testified about many horror stories, such as patients being alerted about a cancer diagnosis via a smartphone notification during a business dinner, while reading a bedtime story to a young child, and during the commute to work. Dr. Gerber estimated that as many as three in four patients received pathology test results before the physician who ordered the test had viewed them. “Although this bill places a brief pause on the electronic transfer of some test results to a patient, it allows for a physician to call a patient with the results at any time,” Dr. Gerber said. “Giving the right information, rather than just the fastest information.”
The new law will take effect on September 1, 2025, and applies to pathology and radiology reports that have a reasonable likelihood of showing a finding of a malignancy, and any test result that may reveal a genetic marker. The new law will ensure that patients continue to receive timely medical information; however, there will be a 3-day delay from the finalization of the test results before they can be disclosed to a patient or the patient’s representative by electronic means.
