|
|
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. |