Lexology May 7, 2024
Washington’s Office of the Attorney General updated its FAQs for the My Health My Data Act this week to address when the use of non-prescription medication may be considered consumer health data:
Does the definition of consumer health data include the purchase of non-prescription medication?
MHMD defines consumer health data to include the “use and purchase of prescribed medication.” Non-prescription data is only considered consumer health data if the regulated entity draws an inference about a consumer’s health status from its purchase of non-prescription medication.
This clarifies an inconsistency in the definition of consumer health data. Consumer health data is defined to include a laundry list of items, one of which is the use and purchase of “prescription...
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