Revision: Dec. 22, 2011, midnight
SB 287 – AS INTRODUCED
2012 SESSION
01/10
SENATE BILL 287
AN ACT relative to confidential prescription data.
SPONSORS: Sen. Bradley, Dist 3; Sen. Barnes, Jr., Dist 17; Sen. Lambert, Dist 13; Sen. Boutin, Dist 16; Sen. De Blois, Dist 18; Sen. Luther, Dist 12; Rep. Bettencourt, Rock 4; Rep. Chandler, Carr 1; Rep. Weyler, Rock 8; Rep. W. Smith, Rock 18
COMMITTEE: Health and Human Services
This bill implements the ruling of the Supreme Court in IMS Health Inc. v. Sorrell, 131 S. Ct. 2653 (2011), which held that a prohibition on the use of prescriber-identifiable data in prescription records for commercial purposes violates the First Amendment.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2839
01/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to confidential prescription data.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Pharmacists and Pharmacies; Prescription Data to be Kept Confidential. Amend RSA 318:47-f to read as follows:
318:47-f Prescription [Information] Data to be Kept Confidential. [Records relative to prescription information containing patient-identifiable and prescriber-identifiable] Patient-identifiable data in prescription records 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 pharmacy reimbursement; formulary compliance; care management; utilization review by a health care provider, the patient’s insurance provider or the agent of either; health care research; or as otherwise provided by law. Commercial purpose includes, but is not limited to, 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. 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; 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. Nothing in this section shall prohibit the collection, use, transfer, or sale of patient [and prescriber] de-identified data by zip code[,] or geographic region[, or medical specialty] for commercial purposes. In addition to other appropriate remedies under this chapter, a violation of this section is an unfair or deceptive act or practice within the meaning of RSA 358-A:2. Any right or remedy set forth in RSA 358-A may be used to enforce the provisions of this section.
2 Controlled Drug Act; Prescription Data to be Kept Confidential. Amend RSA 318-B:12, IV to read as follows:
IV. [Records relative to prescription information containing patient-identifiable and prescriber-identifiable] Patient-identifiable data in prescription records 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 pharmacy reimbursement; formulary compliance; care management; utilization review by a health care provider, the patient’s insurance provider or the agent of either; health care research; or as otherwise required by law. Commercial purpose includes, but is not limited to, 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. Nothing in this paragraph 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; 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. Nothing in this section shall prohibit the collection, use, transfer, or sale of patient [and prescriber] de-identified data by zip code[,] or geographic region[, or medical specialty] for commercial purposes. In addition to other appropriate remedies under this chapter, a violation of this paragraph is an unfair or deceptive act or practice within the meaning of RSA 358-A:2. Any right or remedy set forth in RSA 358-A may be used to enforce the provisions of this paragraph.
3 Effective Date. This act shall take effect upon its passage.