Texas Health and Safety Code
§ 181.152 — MARKETING USES OF INFORMATION
HS § 181.152Title 2. HEALTH · Part I. MEDICAL RECORDS · Ch. 181. MEDICAL RECORDS PRIVACY · Art. D. PROHIBITED ACTS
Statute text
View on source(a)A covered entity must obtain clear and unambiguous permission in written or electronic form to use or disclose protected health information for any marketing communication, except if the communication is:
(1)in the form of a face-to-face communication made by a covered entity to an individual;
(2)in the form of a promotional gift of nominal value provided by the covered entity;
(3)necessary for administration of a patient assistance program or other prescription drug savings or discount program; or
(4)made at the oral request of the individual.
(b)If a covered entity uses or discloses protected health information to send a written marketing communication through the mail, the communication must be sent in an envelope showing only the names and addresses of sender and recipient and must:
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Legislative history
Added by Acts 2001, 77th Leg., ch. 1511, Sec. 1, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 924, Sec. 6, eff. Jan. 1, 2004.