Bill Text: AZ SB1234 | 2010 | Forty-ninth Legislature 2nd Regular | Introduced
Bill Title: Sale of prescription records; prohibition
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced - Dead) 2010-01-28 - Referred to Senate CED Committee [SB1234 Detail]
Download: Arizona-2010-SB1234-Introduced.html
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REFERENCE TITLE: sale of prescription records; prohibition |
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State of Arizona Senate Forty-ninth Legislature Second Regular Session 2010
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SB 1234 |
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Introduced by Senators Burton Cahill: Aboud, Aguirre, Alvarez, Garcia, Landrum Taylor, Lopez, McCune Davis, Rios; Representatives Ableser, Lopes
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AN ACT
Amending title 32, chapter 18, article 3, Arizona Revised Statutes, by adding section 32-1977; relating to the board of pharmacy.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 32, chapter 18, article 3, Arizona Revised Statutes, is amended by adding section 32-1977, to read:
32-1977. Prescription information; sale for commercial purpose prohibited; definition
A. Any pharmacy benefits manager, insurance company, electronic transmission intermediary, retail, mail-order or internet pharmacy or other similar entity may not license, transfer, use or sell records relating to prescription information that contain patient‑identifiable and prescriber‑identifiable data for any commercial purpose, except for the following purposes:
1. Pharmacy reimbursement.
2. Formulary compliance.
3. Care management.
4. Utilization review by a health care provider or a patient's insurance provider, or the authorized agent of a health care provider or a patient's insurance provider.
5. Health care research.
6. As otherwise provided by law.
B. This section does not 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 if a pharmacy's ownership is changed or transferred.
5. Care management educational communications provided to a patient about the patient's health condition or adherence to a prescribed course of therapy or other information about the drug being dispensed, treatment options or clinical trials.
C. This section does not prohibit the collection, use, transfer or sale of data by zip code, geographic region or medical specialty for commercial purposes if patient‑identifiable and prescriber‑identifiable data has been redacted.
D. A person who violates this section commits an act of unprofessional conduct.
E. For the purposes of this section, "commercial purpose" includes advertising, marketing, promotion or any activity that could be used to influence the 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.
