Texas Senate Bill 1188 — Artificial Intelligence and Electronic Health Records
Texas · Tex. S.B. 1188, 89th Leg., R.S. (2025); Tex. Health & Safety Code ch. 183, Secs. 183.005, 183.011
Texas allows health care practitioners to use artificial intelligence for diagnostic purposes, including treatment recommendations, as long as they stay within the scope of their license and follow applicable law. When a practitioner uses AI in that diagnostic role, they must tell the patient they are doing so. The attorney general can sue to stop violations and seek civil penalties, which increase sharply for knowing or intentional conduct and for misusing protected health information for financial gain. The broader law also adds security, access, and U.S. data-storage requirements for electronic health records.
Technical detail
S.B. 1188 (89th Leg., R.S.) adds Chapter 183 to the Texas Health and Safety Code; Sec. 183.005 permits practitioner use of AI for diagnostic purposes subject to scope-of-license limits and mandatory patient disclosure, and Sec. 183.011 authorizes AG injunctive relief plus tiered civil penalties.
Who is protected: Patients of Texas health care practitioners, including patients whose protected health information is processed by covered entities.
Who must comply: Health care practitioners using AI for diagnostic purposes and covered entities that handle electronic health records / protected health information.
Key facts
| Jurisdiction | Texas |
|---|---|
| Level | State |
| Status | In effect |
| Protection strength | Limited protection |
| Effective date | 2025-09-01 |
| Enacted | 2025-06-20 |
| Citation | Tex. S.B. 1188, 89th Leg., R.S. (2025); Tex. Health & Safety Code ch. 183, Secs. 183.005, 183.011 |
| Enforced by | Texas Attorney General |
| Private right of action | No — agency enforcement only |
| Penalties | Injunctive relief plus civil penalties of up to $5,000 per negligent violation per year, up to $25,000 per knowing or intentional violation per year, and up to $250,000 for a violation in which a covered entity knowingly or intentionally used protected health information for financial gain. |
| Topics | healthcare AI · AI disclosure and transparency |
| Last verified | 2026-06-16 |
| Official source | Texas Legislature Online — S.B. 1188, Enrolled Bill Text, 89th Legislature (R.S.) ↗ |
More AI rules in Texas
- TRAIGA · In effect
- TDPSA · In effect
- TX HB 2700 — AI/Altered CSAM · In effect
- TX SB 1361 — Deepfake Intimate Video · In effect
- TX SB 1621 — AI CSAM Rewrite · In effect
- TX SB 20 — Obscene Material Depicting a Child · In effect
Related healthcare AI rules elsewhere
- ACA § 1557 (AI in patient care) · In effect
- FDA AI/ML SaMD Action Plan · In effect
- FDA GMLP Principles · In effect
- Colorado AI Act (repealed) · Repealed / replaced
- SB 26-189 (Colorado ADMT Law) · Enacted (not yet in effect)
- AI Companion Safeguards Law · In effect
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