This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.

	
Amend HB 1218 by adding the following appropriately numbered 
SECTION to the bill and renumbering subsequent SECTIONS of the bill 
accordingly:
	Subchapter B, Chapter 562, Occupations Code, is amended by 
adding Section 562.057 to read as follows:
	Sec. 562.057.  COMMERCIAL USE STUDY; CIVIL PENALTY.  (a)  The 
board shall conduct a study on the license, transfer, use, and sale 
of prescription information records containing 
patient-identifiable and practitioner-identifiable information by 
pharmacy benefit managers, insurers, electronic transmission 
intermediaries, pharmacies, and other similar entities for the 
purpose of advertising, marketing, or promoting pharmaceutical 
products.
	(b)  Not later than August 1, 2010, the board shall submit to 
the governor, the lieutenant governor, the speaker of the house of 
representatives, and the appropriate standing committees of the 
legislature a report regarding the results of the study conducted 
under Subsection (a), together with any recommendation for 
legislation.
	(c)  The report under this section must consist of aggregate 
information and may not identify by name any entity that provided 
information to the board.  Information provided by an entity that is 
a trade secret is subject to Section 552.110, Government Code.
	(d)  An entity described by Subsection (a), other than a 
pharmacy, that fails to provide to the board the information 
requested by the board for the study conducted under this section 
before the 90th day after the date the board requests the 
information is liable to this state for a civil penalty not to 
exceed $5,000 for each violation.  Each day a violation continues 
constitutes a separate violation.
	(e)  The amount of the penalty shall be based on:                       
		(1)  the seriousness of the violation;                                 
		(2)  the history of previous violation;                                
		(3)  the amount necessary to deter a future violation; 
and           
		(4)  any other matter that justice may require.                        
	(f)  The board or the attorney general may sue to collect a 
civil penalty under this section.  In the suit the state may recover 
the reasonable expenses incurred in obtaining the penalty, 
including investigation and court costs, reasonable attorney's 
fees, witness fees, and other expenses.
	(g)  A pharmacy that fails to provide to the board the 
information requested by the board for the study conducted under 
this section before the 90th day after the date the board requests 
the information is subject to appropriate administrative sanctions 
imposed by the board.
	(h)  This section expires October 1, 2010.                              
	SECTION __.  This Act takes effect immediately if it 
receives a vote of two-thirds of all the members elected to each 
house, as provided by Section 39, Article III, Texas Constitution.  
If this Act does not receive the vote necessary for immediate 
effect, this Act takes effect September 1, 2009.