Law / United States / 
Texas
S.B. 1188 (2025), AI diagnostic disclosure duty in electronic health records
Tex. Health & Safety Code § 183.005
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What follows is LexLint's own research summary of this law, not legal advice.
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
How the hook was established
express
What makes it apply
Operator establishment
Obligation class
Disclosure
What it makes you log
What the log must hold
Output reference
Logging duty
Subsection (a)(3) conditions a practitioner's permitted use of artificial intelligence for diagnosis on the practitioner reviewing every record the AI created, consistent with the Texas Medical Board's own medical records standards. The clause does not use the words logs, records, event recording, or audit trail as a standalone duty, but a review conducted "in a manner consistent with medical records standards" presupposes that the AI-created diagnostic or treatment record exists and is kept for the practitioner to review against those standards. Section 183.009's commission or regulatory-agency investigation duty and Section 183.010's disciplinary-action power, both elsewhere in the chapter, apply to any credible allegation or repeat violation; neither names a review of a kept record, so no audit is expected beyond that chapter-wide investigative power.
- Kind
- Implicit
- As of
- 21 September 2026
- Provision
- Tex. Health & Safety Code § 183.005(a)(3)
- Trigger
- automated_decisions
Who checks it
Audit expectation
none
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
Every line above is drawn from the primary source linked here, read on the date shown. This is a research summary, not legal advice.