(a) Access to confidential records. A pharmacy shall
comply with the request of a patient or a patient's agent to inspect
or obtain a copy of the patient's confidential records maintained
by the pharmacy, as defined in §551.003(10) of the Act. A pharmacy
shall comply with all relevant state and federal laws regarding release
of confidential records to third party requestors.
(b) Form of request. The pharmacy may require a patient
or a patient's agent or any authorized third party to make requests
for confidential records in writing, provided such a requirement has
been communicated to the requestor.
(c) Timely action by pharmacy. The pharmacy must respond
to a request for confidential records in a timely manner.
(1) The pharmacy must respond to a request for confidential
records no later than fifteen days after receipt of the request by
providing a copy of the records or, with the consent of the requestor,
a summary or explanation of such information.
(2) The pharmacy must provide confidential records
as requested in a mutually agreed upon format.
(3) Access to confidential records may be expedited
at the request of a patient or a patient's agent if there is a medical
emergency. The pharmacy must respond to a request for expedited access
to confidential records within 24 hours if the records are maintained
at the pharmacy or within 72 hours if the records are stored off-site.
The pharmacy may charge a reasonable fee, in addition to the fees
outlined in subsection (d) of this section, of no more than $25.00
for expediting a request for access to confidential records.
(d) Fees. The pharmacy may charge a reasonable, cost-based
fee for providing a copy of confidential records or a summary or explanation
of such information.
(1) A reasonable fee shall be a charge of no more than
$50.00 for the first twenty pages and $0.50 per page for every page
thereafter. A reasonable fee shall include only the cost of:
(A) copying, including the cost of supplies for and
labor of copying;
(B) postage, when the individual has requested the
records be mailed; and
(C) preparing an explanation or summary of the protected
health information, if appropriate and consented to by the patient
or patient's agent.
(2) If an affidavit is requested certifying that the
information is a true and correct copy of the records, a reasonable
fee of no more than $15.00 may be charged for executing the affidavit.
(3) If an affidavit or questionnaire accompanies the
request, the pharmacy may charge a reasonable fee of no more than
$50.00 to complete the written response.
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Source Note: The provisions of this §291.28 adopted to be effective September 3, 2006, 31 TexReg 6732; amended to be effective December 6, 2009, 34 TexReg 8690; amended to be effective December 6, 2018, 43 TexReg 7774 |