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A BILL TO BE ENTITLED
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AN ACT
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relating to a study regarding the confidentiality of prescription |
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information; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 562, Occupations Code, is |
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amended by adding Section 562.057 to read as follows: |
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Sec. 562.057. COMMERCIAL USE STUDY; CIVIL PENALTY. (a) The |
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board shall conduct a study on the license, transfer, use, and sale |
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of prescription information records containing |
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patient-identifiable and practitioner-identifiable information by |
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pharmacy benefit managers, insurers, electronic transmission |
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intermediaries, pharmacies, and other similar entities for the |
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purpose of advertising, marketing, or promoting pharmaceutical |
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products. |
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(b) Not later than August 1, 2010, the board shall submit to |
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the governor, the lieutenant governor, the speaker of the house of |
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representatives, and the appropriate standing committees of the |
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legislature a report regarding the results of the study conducted |
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under Subsection (a), together with any recommendation for |
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legislation. |
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(c) An entity described by Subsection (a) that fails to |
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provide to the board the information requested by the board for the |
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study conducted under this section before the 30th day after the |
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date the board requests the information is liable to this state for |
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a civil penalty not to exceed $5,000 for each violation. Each day a |
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violation continues constitutes a separate violation. |
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(d) The amount of the penalty shall be based on: |
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(1) the seriousness of the violation; |
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(2) the history of previous violations; |
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(3) the amount necessary to deter a future violation; |
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and |
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(4) any other matter that justice may require. |
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(e) The board or the attorney general may sue to collect a |
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civil penalty under this section. In the suit the state may recover |
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the reasonable expenses incurred in obtaining the penalty, |
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including investigation and court costs, reasonable attorney's |
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fees, witness fees, and other expenses. |
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(f) This section expires October 1, 2010. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |