Does Texas require my clinic to tell patients when it uses AI?

Yes, if AI is used in a patient's care. The Texas Responsible Artificial Intelligence Governance Act (TRAIGA, HB 149) took effect on January 1, 2026. Section 552.051(f) of the Texas Business and Commerce Code says that if an AI system is used in relation to a health care service or treatment, the provider must disclose it to the patient, or to the patient's personal representative, no later than the date the service or treatment is first provided. In an emergency, the disclosure is due as soon as reasonably possible.

Who does the Texas AI disclosure rule apply to?

TRAIGA's general rule, §552.051(b), covers government agencies: they must tell people when they're interacting with an AI system. Subsection (f) extends that duty to health care. It applies to the provider of the service or treatment, which for a clinic means the practice, not its software vendors.

The law defines "health care services" as services related to human health, or to diagnosing, preventing or treating a disease or impairment, when they're provided by someone licensed, registered or certified to provide them. That covers dentists, physical and occupational therapists, and chiropractors.

TRAIGA also defines an "artificial intelligence system" broadly: any machine-based system that infers from its inputs how to generate outputs. This takes in more than chatbots. It can include AI scribes, imaging and diagnostic aids, and AI-drafted treatment notes.

When and how does the disclosure have to be made?

• When: no later than the date the service or treatment is first provided. In an emergency, as soon as reasonably possible.
• How: clear and conspicuous, in plain language, and without dark patterns (§552.051(d)).
• Where: a hyperlink to a separate web page is allowed (§552.051(e)).
• Even if it's obvious: the disclosure is required whether or not a reasonable person would already know AI is involved (§552.051(c)).

What about AI used for diagnosis? (SB 1188)

A second Texas law, SB 1188, took effect September 1, 2025. It added Chapter 183 to the Health and Safety Code. Under §183.005, a practitioner may use AI for diagnostic purposes, including recommendations on a diagnosis or course of treatment based on a patient's record, if three conditions hold:

1. They act within the scope of their license.
2. That use isn't otherwise restricted by law.
3. They review every AI-created record in line with Texas Medical Board standards.

Practitioners who use AI this way must disclose it to their patients. This duty sits alongside TRAIGA's; it doesn't replace it.

Who enforces it, and what are the penalties?

The Texas Attorney General enforces TRAIGA, and patients can't sue under it (§552.101). The Attorney General must give written notice first, and a business has 60 days to cure the violation (§552.104).

If a violation isn't cured, §552.105 sets these civil penalties:

Violation	Penalty
Curable	$10,000–$12,000 per violation
Uncurable	$80,000–$200,000 per violation
Continuing	$2,000–$40,000 per day

If you or your clinic hold a state license, registration or certificate, there's a second track. After a violation is found and the Attorney General recommends it, the licensing agency can suspend or revoke that license or put it on probation, and add a penalty of up to $100,000 (§552.106).

Does a review-request text count as "AI used in care"?

We read a text asking a patient to leave a public review as outside "health care service or treatment": it doesn't diagnose, prevent or treat anything. The law covers AI used "in relation to" care, though, and that may include AI that sorts patient feedback, so have your counsel confirm this for your setup.

Your clinic's own tools are a separate question. An AI scribe, an AI imaging aid or an AI-drafted note can each trigger the disclosure, whoever sends your review texts.

What this means for your clinic

• List the AI your clinic already uses in care: scribes, charting assistants, imaging or diagnostic software, and treatment-plan suggestions. Vendors don't always label these features as AI.
• If any of it touches care, disclose it before or at the first visit. A line in your intake paperwork, or a link to a plain-language page, is the format the statute allows.
• Make it readable. Don't bury it in fine print, and don't use a pre-checked box.
• The duty is yours. Under §552.051(f), the clinic that provides the care makes the disclosure, even when the AI comes from a vendor.
• Diagnosis is a second trigger. If a practitioner uses AI for diagnostic purposes, SB 1188 also requires disclosure and practitioner review of the AI-created records.

How Automynds handles it

• AI stays out of review texts. Review texts don't use AI. AI may sort negative feedback so it reaches the right person at your clinic, and your team reads and handles every one.
• Disclosure wording. We recommend plain-language AI disclosure wording. Your counsel decides the final notice.

Not sure whether your clinic is a fit? Check your fit, or email hello@automynds.com.