SECTION 291.28. Access to Confidential Records

(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.

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