(a) A patient, the patient's parent or legal guardian if the patient is a minor, or the patient's legal guardian if the patient is an incapacitated person as defined by §1002.017(2) of the Estates Code, may obtain a copy of the patient's prescription record, including a list of persons who have accessed that record, as authorized in §481.076(a)(9) of the Texas Controlled Substances Act, by submitting the following to the board:
  (1) a completed, notarized patient data request form, including any information or supporting documentation requested on the form;
  (2) a copy of the requestor's driver's license or other state photo identity card issued by the state's Department of Motor Vehicles;
  (3) if requesting as a parent or legal guardian of the patient, a copy of the patient's birth certificate or the order of guardianship over the patient; and
  (4) a $50 fee.
(b) The board shall deliver the requested records to the requestor via certified mail to the address listed on the requestor's driver's license or other state photo identity card issued by the state's Department of Motor Vehicles. If the requestor does not have a mailbox at the listed address, the board shall deliver the records to the requestor at the listed address via a trackable delivery service and the requestor shall be responsible for the cost.

Source Note: The provisions of this §315.16 adopted to be effective June 1, 2020, 45 TexReg 1435