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A BILL TO BE ENTITLED
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AN ACT
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relating to confidentiality of prescription information; providing |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 562, Occupations Code, is |
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amended by adding Section 562.112 to read as follows: |
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Sec. 562.112. PRESCRIPTION INFORMATION TO BE KEPT |
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CONFIDENTIAL. (a) Records relating to prescription information |
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containing patient-identifiable and prescriber-identifiable data |
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may not be licensed, transferred, used, or sold by any pharmacy |
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benefits manager, insurance company, electronic transmission |
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intermediary, or retail, mail order, or Internet pharmacy or other |
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similar entity for any commercial purpose except for the limited |
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purposes of pharmacy reimbursement, formulary compliance, care |
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management, health care research, or utilization review by a health |
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care provider, the patient's insurance provider, or the agent of |
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either, or as otherwise provided by law. |
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(b) In this section, "commercial purpose" includes |
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advertising, marketing, promotion, or any activity that could be |
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used to influence the sales or market share of a pharmaceutical |
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product, to influence or to evaluate the prescribing behavior of an |
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individual health care professional, or to evaluate the |
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effectiveness of a professional pharmaceutical detailing sales |
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force. |
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(c) Nothing in this section shall prohibit: |
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(1) the dispensing of prescription medications to a |
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patient or to the patient's authorized representative; |
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(2) the transmission of prescription information |
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between an authorized prescriber and a licensed pharmacy; |
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(3) the transfer of prescription information between |
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licensed pharmacies; |
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(4) the transfer of prescription records that may |
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occur in the event a pharmacy ownership is changed or transferred; |
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(5) care management educational communications |
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provided to a patient about the patient's health condition or |
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adherence to a prescribed course of therapy or other information |
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about the drug being dispensed, treatment options, or clinical |
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trials; or |
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(6) the collection, use, transfer, or sale of patient |
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and prescriber de-identified data by zip code, geographic region, |
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or medical specialty for commercial purposes. |
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(d) In addition to other appropriate remedies under this |
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subtitle, a violation of this section is an unfair or deceptive |
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trade practice under Chapter 17, Business & Commerce Code. |
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SECTION 2. This Act takes effect September 1, 2007. |