Adherence to Applicable Law and Commercial Messaging Rules i. Client shall comply with all Applicable Law and Client shall ensure that each Prescriber End User shall obtain all necessary patient consents and authorizations prior to requesting medication history for such patient.
ii. Client shall not, and shall ensure that its Prescriber End Users do not, use any means, program, or device, or permit any other person to use any means, program, or device, including, but not limited to, advertising, instant messaging, and pop- up ads, to influence or attempt to influence, through economic incentives or otherwise, the Prescribing Decision of a prescriber at the Point of Care if: (i) such means, program, or device (as described above) is triggered by, initiated by, or is in specific response to, the input, selection, and/or act of a prescriber or his/her agent prescribing a pharmaceutical or selecting a pharmacy for a patient; and (ii) that prescription shall be delivered via the Surescripts network. Notwithstanding the above Client may: (A) show information regarding a payer’s formulary and benefit plan design, including patient lowest cost options, on/off tier, prior authorization, step therapy, coverage status, and co-pay information; and/or (B) deliver or have delivered to Prescriber End Users clinical alerts that are sourced from payers and/or are attributed to generally recognized and reputable sources providing clinical information to the prescriber, even if, in the event of either (A) or (B), such information influences the patient or prescriber’s choice of pharmacy or other prescribing decisions. Any custom lists created and maintained by Prescriber End Users within the Hosted Programs, including but not limited to: (i) an individual Prescriber End User’s most often prescribed medication list; (ii) an individual Prescriber End User’s most often used pharmacy list; and/or (iii) an individual Prescriber End User’s most often used SIGs (i.e., instructions for the use of medications), would not be considered a violation of this section.
Adherence to Applicable Law and Commercial Messaging Rules. Provider shall not use any means, program, or device, including but not limited to advertising, instant messaging, and pop-up advertisements, to influence or attempt to influence, through economic incentives or otherwise, the prescribing decision of a Prescription Sender End User at the point of care, if such action is in response to a Prescription Sender End User’s input, selection, or other act of prescribing a pharmaceutical or selecting a pharmacy. This section does not prohibit Provider from showing to such individuals information regarding formulary and benefit plan design (e.g., a lowest cost options, coverage status and co-pay information), or information relevant to the prescribed product (e.g. costs, delivery options, in-stock status, etc.), or delivery of clinical information sourced from generally recognized and reputable sources.
