(a) In this section:
(1) "Electronic health record" has the meaning assigned by Section 525.0201, Government Code.
(2) "Electronic means" means publishing information on a secure electronic network or Internet website, including a secure online patient portal or health software application:
(A) that is accessible by an electronic device, including a computer, mobile device, or tablet; and
(B) through which the patient or patient representative has consented to receive the patient's billing or medical records.
(3) "Patient representative" means a person described by Sections 159.005(a)(2)-(4).
(4) "Sensitive test result" means a:
(A) pathology report or radiology report that has a reasonable likelihood of showing a finding of malignancy; or
(B) test result that may reveal a genetic marker.
(b) Sensitive test results may not be disclosed to a patient or patient representative by electronic means before the third day after the date the sensitive test results are finalized.
(c) A person who administers or controls the electronic health record of a patient is responsible for implementing Subsection (b).
(d) A person is not subject to civil, criminal, or administrative liability or professional disciplinary action for failure to comply with Section 159.006(d)(2) or this section.