AI Regulation Tracker / Clinical AI and disclosure
Texas Lets Physicians Use Diagnostic AI, but They Must Review It and Tell Patients
Effective September 1, 2025. Texas SB 1188 permits a health care practitioner to use artificial intelligence for diagnostic purposes only within license scope, only where not otherwise prohibited, and only if the practitioner reviews all AI-created records and discloses the AI use to patients.
Texas SB 1188 took effect on September 1, 2025. It is worth being precise about what it is, because the AI part is easy to overstate. SB 1188 is an electronic health record law. It adds Chapter 183 to the Health and Safety Code and covers EHR data storage, access to a minor's records, and other requirements. Inside that chapter sits Section 183.005, which is the part that matters for anyone using clinical AI. It sets out when a practitioner may use AI for diagnosis, and the answer is a permission wrapped in conditions.
The statute says, in its own words, that "A health care practitioner may use artificial intelligence for diagnostic purposes, including the use of artificial intelligence for recommendations on a diagnosis or course of treatment based on a patient's medical record, if" three conditions are met. The practitioner has to be acting within the scope of their license. The particular use has to not be otherwise restricted or prohibited by state or federal law. And, critically, "the practitioner reviews all records created with artificial intelligence in a manner that is consistent with medical records standards developed by the Texas Medical Board." Permission first, human review as the condition.
What is the disclosure requirement?
Separate from the review condition, there is a patient disclosure duty. The law states that a practitioner who uses AI for diagnostic purposes "must disclose the practitioner's use of that technology to the practitioner's patients." Guidance from Texas medical organizations reads this as allowing the disclosure to be verbal or written, so long as it clearly informs the patient that AI is used for care-related purposes. The point is transparency. A Texas patient whose diagnosis or treatment plan was shaped by AI is entitled to know it was in the loop.
Does this replace physician judgment?
No, and that is the design worth internalizing. The permission to use diagnostic AI is conditioned on the practitioner reviewing the AI-created records to Texas Medical Board standards. The human clinician stays in the review seat. AI can produce a recommendation on a diagnosis or a course of treatment, but a licensed practitioner has to review what it created, remain within their own license scope, and take responsibility. The statute does not create autonomous AI diagnosis. It authorizes AI as a tool the practitioner supervises and answers for.
What Texas practitioners and practices should do
For physicians and other practitioners, treat SB 1188 as two operational obligations. First, build a real review step for anything AI generates in the diagnostic path and align it with Texas Medical Board records standards, so the review is documented and defensible rather than assumed. Second, add AI-use disclosure to your patient communication, whether that is a line in intake, a verbal note during the visit, or written material, and make sure it actually reaches the patient. For practices and covered entities, remember the AI section lives inside a broader EHR statute that also carries civil penalties, so the compliance program should cover the record-keeping and disclosure pieces together. Clinical-AI vendors selling into Texas should expect customers to ask how the product supports practitioner review and patient disclosure, because the law makes both the clinician's responsibility.
Questions professionals are asking
Does Texas SB 1188 let physicians use AI for diagnosis?
Yes, but conditionally. Section 183.005 permits diagnostic AI, including AI recommendations on a diagnosis or course of treatment, only if the practitioner acts within license scope, the use is not otherwise prohibited by law, and the practitioner reviews all AI-created records consistent with Texas Medical Board standards.
Do Texas practitioners have to tell patients they used AI?
Yes. A practitioner who uses AI for diagnostic purposes must disclose that use to patients. Texas medical guidance indicates the disclosure may be verbal or written, as long as it clearly informs the patient that AI is used for care-related purposes.
Does the AI make the diagnosis on its own?
No. The permission is conditioned on the practitioner reviewing all records created with AI to Texas Medical Board standards. The AI can produce recommendations, but a licensed human reviews the output, stays within license scope, and remains responsible for the care.
Is SB 1188 only about AI?
No. SB 1188 is a broader electronic health record law that adds Chapter 183 to the Health and Safety Code, covering EHR data storage, minor-record access, and more, and it carries civil penalties. The diagnostic-AI rules are one section, Section 183.005, within that larger statute.
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Informational analysis for working professionals, not legal advice. Confirm how any statute or requirement applies to your situation with qualified counsel licensed in the relevant jurisdiction.