Bill Text: IL HB0240 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Third Party Prescription Programs Article of the Insurance Code, the Pharmacy Practice Act of 1987, and the Wholesale Drug Distribution Licensing Act. Prohibits the licensure, transference, use, or sale of any records relative to prescription information containing patient-identifiable or prescriber-identifiable data by any licensee or registrant of the Acts for commercial purposes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB0240 Detail]

Download: Illinois-2017-HB0240-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB0240 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
215 ILCS 5/512-4.5 new
225 ILCS 85/15.7 new
225 ILCS 120/53 new
Amends the Third Party Prescription Programs Article of the Insurance Code, the Pharmacy Practice Act of 1987, and the Wholesale Drug Distribution Licensing Act. Prohibits the licensure, transference, use, or sale of any records relative to prescription information containing patient-identifiable or prescriber-identifiable data by any licensee or registrant of the Acts for commercial purposes.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning regulation, which may be known as the
Prescription Data Privacy Act.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Insurance Code is amended by adding
Section 512-4.5 as follows:
(215 ILCS 5/512-4.5 new)
Sec. 512-4.5. License, transfer, use, and sale of
prescription information prohibited.
(a) In this Section, "commercial purpose" includes,
without limitation, advertising, marketing, promotion, or any
activity that could be used to (i) influence sales or market
share of a pharmaceutical product, (ii) influence or evaluate
the prescribing behavior of an individual health care
professional, or (iii) evaluate the effectiveness of a
professional pharmaceutical sales force.
(b) Records relative to prescription information
containing patient-identifiable or prescriber-identifiable
data may not be licensed, transferred, used, or sold by any
registrant under this Act for any commercial purpose, except
for any of the following limited purposes:
(1) Pharmacy reimbursement.
(2) Formulary compliance.

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(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.
(6) Any purpose otherwise provided by law.
(c) Nothing in this Section shall prohibit the dispensing
of prescription medications to a patient or to the patient's
authorized representative; the transmission of prescription
information between an authorized prescriber and a licensed
pharmacy; the transfer of prescription information between
licensed pharmacies; the transfer of prescription records that
may occur in the event a pharmacy ownership is changed or
transferred; or 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.
(d) 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.
Section 10. The Pharmacy Practice Act of 1987 is amended by
adding Section 15.7 as follows:
(225 ILCS 85/15.7 new)

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Sec. 15.7. License, transfer, use, and sale of prescription
information prohibited.
(a) In this Section, "commercial purpose" includes,
without limitation, advertising, marketing, promotion, or any
activity that could be used to (i) influence sales or market
share of a pharmaceutical product, (ii) influence or evaluate
the prescribing behavior of an individual health care
professional, or (iii) evaluate the effectiveness of a
professional pharmaceutical sales force.
(b) Records relative to prescription information
containing patient-identifiable or prescriber-identifiable
data may not be licensed, transferred, used, or sold by any
licensee or registrant under this Act for any commercial
purpose, except for any of the following limited purposes:
(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.
(6) Any purpose otherwise provided by law.
(c) Nothing in this Section shall prohibit the dispensing
of prescription medications to a patient or to the patient's
authorized representative; the transmission of prescription
information between an authorized prescriber and a licensed
pharmacy; the transfer of prescription information between

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licensed pharmacies; the transfer of prescription records that
may occur in the event a pharmacy ownership is changed or
transferred; or 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.
(d) 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.
Section 15. The Wholesale Drug Distribution Licensing Act
is amended by adding Section 53 as follows:
(225 ILCS 120/53 new)
Sec. 53. License, transfer, use, and sale of prescription
information prohibited.
(a) In this Section, "commercial purpose" includes,
without limitation, advertising, marketing, promotion, or any
activity that could be used to (i) influence sales or market
share of a pharmaceutical product, (ii) influence or evaluate
the prescribing behavior of an individual health care
professional, or (iii) evaluate the effectiveness of a
professional pharmaceutical sales force.
(b) Records relative to prescription information

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containing patient-identifiable or prescriber-identifiable
data may not be licensed, transferred, used, or sold by any
licensee under this Act for any commercial purpose, except for
any of the following limited purposes:
(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.
(6) Any purpose otherwise provided by law.
(c) Nothing in this Section shall prohibit the dispensing
of prescription medications to a patient or to the patient's
authorized representative; the transmission of prescription
information between an authorized prescriber and a licensed
pharmacy; the transfer of prescription information between
licensed pharmacies; the transfer of prescription records that
may occur in the event a pharmacy ownership is changed or
transferred; or 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.
(d) 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

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commercial purposes.