Texas Healthcare Compliance Requirements

State-specific breach notification rules, medical records retention periods, PDMP requirements, and mandatory reporting obligations for medical practices operating in Texas.

60-day breach deadline7-year retentionTexas PMP

Breach Notification Rules

Notification deadline

60 calendar days

Notification must be made as quickly as possible but no later than 60 days after determination of breach. AG must be notified if 250+ Texas residents affected.

AG notification threshold

250+ affected individuals

Notify: AG

Harm analysis required

Yes — breach presumed unless risk assessment shows low probability of compromise

Penalty range

$2,000-$50,000 per violation under Deceptive Trade Practices Act

Comparable to federal HIPAA
View statute

Medical Records Retention

Record typeRetention periodMeasured from
General medical7 yearsLast treatment
Pediatric7 yearsPatient turns 18
Mental health7 yearsLast treatment
Radiology7 yearsRecord creation

PDMP Requirements — Texas PMP

Check required

Schedule II only

Check frequency

Every prescription

Delegation allowed

Yes — authorized staff can check on provider's behalf

Penalty range

Licensing board discipline; Class B misdemeanor for willful noncompliance; fines up to $2,000

Exemptions

Hospice patients, cancer treatment, ≤3 day supply in ER, inpatient hospital or nursing facility, medication-assisted treatment for opioid use disorder

Mandatory Reporting Obligations

Mandated reporters

All persons including physicians, nurses, dentists, psychologists, and all healthcare professionals (universal mandatory reporting)

Report to

Department of Family and Protective Services (DFPS) or local law enforcement

Timeline

Within 48 hours

Penalty for failure

Class A misdemeanor; state jail felony if the person intended to conceal the abuse

Immunity provision

Good faith reporters immune from civil and criminal liability under TX Family Code 261.106

Mandated reporters

All persons including healthcare professionals who believe an elderly or disabled person is being abused

Report to

Department of Family and Protective Services (DFPS), Adult Protective Services

Timeline

Immediately / as soon as possible

Penalty for failure

Class A misdemeanor

Immunity provision

Good faith reporters immune from civil and criminal liability under TX Human Resources Code 48.054

Mandated reporters

Healthcare providers treating injuries from suspected domestic violence or criminal acts

Report to

Local law enforcement

Timeline

Immediately / as soon as possible

Immunity provision

Good faith reporters immune from civil liability

Mandated reporters

Physicians, laboratories, and healthcare facility administrators

Report to

Texas Department of State Health Services or local health authority

Timeline

Within 24 hours

Penalty for failure

Class B misdemeanor, up to $180 fine per day

Immunity provision

Good faith reporters immune from civil liability

Mandated reporters

All healthcare providers treating gunshot wounds or wounds from criminal violence

Report to

Local law enforcement

Timeline

Immediately / as soon as possible

Penalty for failure

Class A misdemeanor

Immunity provision

Good faith reporters immune from civil and criminal liability

Stay compliant in Texas

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