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Exhibit B – Surescripts Requirements

Last updated May 15, 2023

Exhibit B – Surescripts Requirements

DoseSpot Legal

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Exhibit B – Surescripts Requirements

These Surescripts Requirements under the Client Service Agreement by and between PRN and Client are incorporated into the Client Service Agreement, as such Surescripts Requirements may be amended from time to time.

1.1  Client acknowledges that the ability to use the Subscription Service and Custom Portal to send prescriptions through Surescripts is dependent upon Client’s receipt of certification by Surescripts. Certification criteria are determined in the sole discretion of Surescripts and may change at any time without notice to Client or PRN.  Client and its Prescriber End Users will access and utilize the Surescripts network only in accordance with the terms and conditions of this Agreement.  Client acknowledges that the agreement between Surescripts and PRN requires that Client and its Prescriber End Users agree to the Surescripts agreement terms and conditions included herein as a condition to access and utilize the Surescripts network and maintain its Surescripts certification.

1.2  Client shall designate at least one (1) employee to act as its administrator under this Agreement (the “Client Administrator”). The Client Administrator shall be PRN’s primary contact for all matters related to this Agreement and the Subscription Service.

1.3  Client shall provide PRN access to the Client Solution and its system administrator(s) as necessary to integrate and maintain the Custom Portal.

1.4 Client shall use the Subscription Service and shall otherwise perform this Agreement in compliance with applicable law, including, without limitation, those relating to the regulation of controlled substances, licensure, and the issuance by a Prescriber End User of a valid prescription.

1.5  Client represents and warrants that (i) it is not a party to any agreement or other arrangement with Surescripts, (ii) all Prescriber End Users and/or prescribing agents that  use the Subscription Service possess the requisite licensure or authority to enter a prescription in or otherwise use the Subscription Service, and Client shall activate or deactivate such users accordingly; (iii) all Prescriber End Users have certified that they have obtained all patient consents and/or authorizations required by applicable law; (iv) all prescriptions entered in the Subscription Service are the result of a valid Prescriber End User’s clinical judgment based upon an evaluation of the patient in accordance with applicable law; and (v) the marketing and compensation practices of Client comply with applicable law, including, to the extent applicable, those enforced by the U.S. Food and Drug Administration and the U.S. Department of Health and Human Services Office of Inspector General.

1.6  Client shall not enter PHI in testing software environments of the Subscription Service.

1.7  If Surescripts makes any addition or modification to its network to comply with applicable law, PRN shall notify Client and Client shall complete, and cause its Prescriber End Users (if applicable) to complete, any and all corresponding additions or modifications required to be made to the Subscription Service and Custom Portal as a result of the change within the earlier of (1) six (6) months after Surescripts provided notice to PRN, or (2) the time required by applicable law.

1.8 If Surescripts makes any addition or modification to its network not required by applicable law, PRN shall notify Client and Client shall complete, and cause its Prescriber End Users (if applicable) to complete, any and all corresponding additions or modifications required to be made to the Subscription Service and Custom Portal as a result of the change within (1) six (6) months after Surescripts provided notice to PRN, or (2) such later date specified by Surescripts.

1.9  Client acknowledges that failure by it or its Prescriber End Users (if applicable) to make the additions or modifications within the time periods above may result in Surescripts ceasing to provide services until such additions or modifications are made or decertification.

1.10 Client acknowledges that Surescripts can decertify a Prescriber End User’s software at any time upon written notice to PRN, upon a good faith showing that such software is not compatible with (1) the Surescripts network, (2) patient safety, (3) certification requirements in Surescripts documentation, or (4) the terms and conditions of the agreement between Surescripts and PRN.

1.11 Client shall, and shall cause its Prescriber End Users to, conduct identity proofing and authentication sufficient to meet regulatory requirements and industry standards to Surescripts’ reasonable satisfaction to confirm that all messages transmitted via the Surescripts network originate from Prescriber End Users who are licensed to use the application for the service(s) for which Surescripts has certified the Subscription Service and Custom Portal and who are registered with PRN or Client in accordance with PRN’s agreement with Surescripts.  Client shall designate Prescriber End Users only after such identity proofing and authentication has been completed and subject to ongoing satisfaction of such requirements.

1.12 Client shall not, and shall require 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 (1) such means, program or device 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 (2) 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.  In addition, in the event of either (A) or (B) above, PRN shall: (i) allow the Client and its Prescriber End Users to access all pharmaceuticals known through generally available sources used in the industry, and all pharmacies, including all retail and mail service pharmacy options available; and (ii) not be designed to preclude a physician or patient from selecting any particular pharmacy or pharmaceutical.  Any custom lists created and maintained by Prescriber End Users within the Subscription Service and Custom Portal, 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), are permissible.

1.13 Client and its Prescriber End Users agree to confirm the accuracy of the prescription benefit and medication history information with its patients prior to providing any medical services based on the prescription benefit and medication history supplied through the Surescripts network and that they shall use their professional judgment in the provision of care.

1.14 Client acknowledges that the prescription benefit and medication history information supplied through the Surescripts network may not be complete or accurate and that neither Surescripts nor its data sources provides any representations or warranties with respect to the accuracy or completeness of the prescription benefit or medication history information and Client releases and holds harmless, and shall cause its Prescriber End Users to release and hold harmless, Surescripts and any person or entity providing prescription benefit or medication history information from any liability, cause of action, or claim related to the completeness or lack thereof of the prescription benefit or medication history information.

1.15 Client acknowledges that any Surescripts data source, in its sole discretion, may elect not to receive prescriptions and other messages from Client or its Prescriber End Users.

1.16 Client shall allow PRN and/or Surescripts to access, inspect, and audit records of the Client relating to the use of the Surescripts network, Surescripts data and data or information provided by Surescripts participants.

1.17 Client shall comply with the Surescripts materials provided by PRN, subject to such confidentiality restrictions as PRN shall require.

1.18 Client shall not retain a copy of, store in any medium, perform analytics on, aggregate in any manner, or otherwise perform any action with relation to any data or information sent through the Surescripts network other than as specifically permitted under PRN’s agreement with Surescripts and Client shall act solely as a passive conduit of information sent through the Surescripts network except as specifically agreed to with PRN.

1.19 Client acknowledges that Surescripts may terminate the use of the Surescripts network (with no cure period) with respect to Client or its Prescriber End User if (1) Client or its Prescriber End User is not duly licensed under applicable law to use PRN’s application for the Surescripts services for which Surescripts has certified the application, or (2) an act or omission of such Client or its Prescriber End User would constitute a material breach of PRN’s agreement with Surescripts, effective upon Surescripts’ delivery of written notice of such act or omission to PRN, which PRN shall forward to Client and/or Prescriber End User, as applicable, within 5 days of PRN’s receipt of it.

1.20 If and only if Client has pharmacy operations, Client shall maintain all data and information provided by Surescripts data sources on a partitioned server on the non-pharmacy side of an internal firewall that is separated or “walled off” from all other pharmacy operations.  Client shall not use data or information provided to PRN or to Client or its affiliates pursuant to PRN’s agreement with Surescripts or this Agreement to promote dispensing pharmacy services or to augment Client’s own medication history records.

1.21 Client acknowledges and shall inform its Prescriber End Users that Surescripts has unlimited rights to use all directory and related information on Prescriber End Users that shall come to reside within the Surescripts network database, whether provided by PRN or otherwise, including all root, identity, and location-related information subject to compliance with applicable law (including, without limitation, all laws regarding the protection of PHI) and the terms of the Business Associate Agreement entered into between Surescripts and PRN.

Client shall not change its business model or method of doing business in such a manner as to disqualify it from the Services certified by Surescripts. In the event that Client does so, PRN shall be entitled to terminate this Agreement immediately upon written notice to Client.

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