By: Van de Putte, Deuell S.B. No. 646
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a study regarding the confidentiality of prescription
  information; providing a civil penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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 violations;
               (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 2.  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.