Bill Text: HI SB72 | 2010 | Regular Session | Introduced
Bill Title: Prescription; Confidentiality; Data
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB72 Detail]
Download: Hawaii-2010-SB72-Introduced.html
Report Title:
Prescription; Confidentiality; Data
Description:
Prohibits the license, transfer, use, or sale of records relative to prescription information that contain patient-identifiable or prescriber-identifiable data.
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THE SENATE |
S.B. NO. |
72 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to prescriptions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 328, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§328- Confidentiality of prescription information. (a) Records relative to prescription information containing patient-identifiable or prescriber-identifiable data shall not be licensed, transferred, used, or sold by any pharmacy benefits manager, insurance company, electronic transmission intermediary, retail, mail order, or internet pharmacy or other similar entity, for any commercial purpose, except for the limited purposes of:
(1) Pharmacy reimbursement;
(2) Formulary compliance;
(3) Care management;
(4) Utilization review by a health care provider, the patient's insurance provider, or the agent of either;
(5) Health care research; or
(6) As otherwise provided by law.
(b) Nothing in this section shall prohibit:
(1) The dispensing of prescription medications to a patient or to the patient's authorized representative;
(2) The transmission of prescription information between an authorized prescriber and a licensed pharmacy;
(3) The transfer of prescription information between licensed pharmacies;
(4) The transfer of prescription records that may occur in the event a pharmacy ownership is changed or transferred; and
(5) Care management educational communications provided to a patient about the patient's health condition, adherence to a prescribed course of therapy, or other information about the drug being dispensed, treatment options, or clinical trials.
(c) Nothing in this section shall prohibit the collection, use, transfer, or sale of patient and prescriber de-identified data by zip code, geographic region, or medical specialty for commercial purposes.
(d) In addition to other appropriate penalties and remedies under this part, a violation of this section is an unfair or deceptive act or practice pursuant to chapters 481A or 481B, or both. Any right or remedy set forth in chapters 481A or 481B may be used to enforce the provisions of this section, as applicable.
For the purposes of this section, "commercial purpose" means advertising, marketing, promotion, or any activity that could be used to influence sales or market share of a pharmaceutical product, influence or evaluate the prescribing behavior of an individual health care professional, or evaluate the effectiveness of a professional pharmaceutical detailing sales force."
SECTION 2. Section 329-36, Hawaii Revised Statutes, is amended to read as follows:
"§329-36 Records of registrants. (a) Persons registered to manufacture, distribute, prescribe or dispense controlled substances under this chapter shall keep records and maintain inventories in conformance with the record-keeping and inventory requirements of federal law and with any additional rules the department of public safety issues.
(b) Records relative to prescription information containing patient-identifiable or prescriber-identifiable data shall not be licensed, transferred, used, or sold by any person registered to manufacture, distribute, prescribe, or dispense controlled substances under this chapter."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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