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Texas recently enacted a pair of laws aimed at AI governance in the public sector and in healthcare. Starting September 1, 2025, there will be statutory authorization for health care practitioners (HCPs) in Texas to use AI for care-related purposes. This includes a practitioner's ability to develop courses of treatment and to diagnose patients.
For HCPs using AI, the Act has four key requirements:
- the HCP using AI must be acting within the scope of his/her license, certification, or authorization;
- use of AI must not otherwise be restricted or prohibited by applicable laws;
- the HCP must review all medical records created by AI to ensure they conform to records standards established by the Texas Medical Board; and
- the HCP must disclose to patients that he/she uses AI for care-related purposes.
As for the notice requirement, the Act does not impose specific content requirements nor does it require that the disclosure be verbal versus written. The Utah Artificial Intelligence Policy Act has a similar requirement, which requires that businesses who are in "regulated" occupations (such as HCPs) make a prominent disclosure that they are using AI in the provision of those services. Texas HCPs should also be mindful of the overlap between this act and the companion bill enacted (i.e., the Texas Responsible Artificial Intelligence Governance Act (TRAIGA) (which we wrote about here)). Notably, TRAIGA also requires that HCPs notify patients when using AI tools for treatment.
Putting it Into Practice: Texas HCPs currently using (or open to using) AI for care-related purposes should consider what steps should be taken to comply with this law. For example, practices should be established requiring require review of medical records contributed to by AI to ensure conformance with professional standards. In addition, HCPs should consider the content and method of delivery for notices to patients about AI-use.
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