Bill Text: GA HB820 | 2009-2010 | Regular Session | Introduced

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Bill Title: Prescription drugs; prescription information used for commercial purposes; prohibit

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-03-30 - House Second Readers [HB820 Detail]

Download: Georgia-2009-HB820-Introduced.html

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09 LC 33 2924

House Bill 820

By: Representative Marin of the 96th

A BILL TO BE ENTITLED
AN ACT

To amend Article 5 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to prescription drugs, so as to prohibit prescription information from being licensed, transferred, used, or sold for commercial purposes; to provide for statutory construction; to provide for violations of such prohibition; to provide for the collection of information on patient assistance programs; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 5 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to prescription drugs, is amended by adding new Code sections to read as follows:

"26-4-91.

Records relative to prescription information containing patient identifiable and 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 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 Code 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 Code 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. In addition to other appropriate remedies under this chapter, a violation of this Code section shall be considered an unfair or deceptive act or practice within the meaning of Code Section 10-1-393. Any penalties, procedures, rights, and remedies applicable to violations of Code Section 10-1-393 shall be applicable to a violation of this Code section.

26-4-92.

(a) No later than January 31 each year, any clearing-house that provides information to residents of this state about pharmaceutical manufacturers' patient assistance programs shall, to the extent that the clearing-house collects such information, provide aggregate information from the previous calendar year to the commissioner of community health relative to either:

(1) The number of people in this state who may qualify for any manufacturer or government program during the calendar year; or

(2) The number of patients served during the calendar year.

(b) An individual company may provide additional information about the individual company's patient assistance program; provided, however, the commissioner of community health shall combine all information from all sources, including individual companies and the clearinghouse, and shall report only aggregate information to the public."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.