Illinois-2017-HB0240-Introduced

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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1 AN ACT concerning regulation, which may be known as the

2 Prescription Data Privacy Act.

3 Be it enacted by the People of the State of Illinois,

4 represented in the General Assembly:

5 Section 5. The Illinois Insurance Code is amended by adding

6 Section 512-4.5 as follows:

7 (215 ILCS 5/512-4.5 new)

8 Sec. 512-4.5. License, transfer, use, and sale of

9 prescription information prohibited.

10 (a) In this Section, "commercial purpose" includes,

11 without limitation, advertising, marketing, promotion, or any

12 activity that could be used to (i) influence sales or market

13 share of a pharmaceutical product, (ii) influence or evaluate

14 the prescribing behavior of an individual health care

15 professional, or (iii) evaluate the effectiveness of a

16 professional pharmaceutical sales force.

17 (b) Records relative to prescription information

18 containing patient-identifiable or prescriber-identifiable

19 data may not be licensed, transferred, used, or sold by any

20 registrant under this Act for any commercial purpose, except

21 for any of the following limited purposes:

22 (1) Pharmacy reimbursement.

23 (2) Formulary compliance.

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1 (3) Care management.

2 (4) Utilization review by a health care provider, the

3 patient's insurance provider, or the agent of either.

4 (5) Health care research.

5 (6) Any purpose otherwise provided by law.

6 (c) Nothing in this Section shall prohibit the dispensing

7 of prescription medications to a patient or to the patient's

8 authorized representative; the transmission of prescription

9 information between an authorized prescriber and a licensed

10 pharmacy; the transfer of prescription information between

11 licensed pharmacies; the transfer of prescription records that

12 may occur in the event a pharmacy ownership is changed or

13 transferred; or care management educational communications

14 provided to a patient about the patient's health condition,

15 adherence to a prescribed course of therapy, or other

16 information about the drug being dispensed, treatment options,

17 or clinical trials.

18 (d) Nothing in this Section shall prohibit the collection,

19 use, transfer, or sale of patient and prescriber de-identified

20 data by zip code, geographic region, or medical specialty for

21 commercial purposes.

22 Section 10. The Pharmacy Practice Act of 1987 is amended by

23 adding Section 15.7 as follows:

24 (225 ILCS 85/15.7 new)

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1 Sec. 15.7. License, transfer, use, and sale of prescription

2 information prohibited.

3 (a) In this Section, "commercial purpose" includes,

4 without limitation, advertising, marketing, promotion, or any

5 activity that could be used to (i) influence sales or market

6 share of a pharmaceutical product, (ii) influence or evaluate

7 the prescribing behavior of an individual health care

8 professional, or (iii) evaluate the effectiveness of a

9 professional pharmaceutical sales force.

10 (b) Records relative to prescription information

11 containing patient-identifiable or prescriber-identifiable

12 data may not be licensed, transferred, used, or sold by any

13 licensee or registrant under this Act for any commercial

14 purpose, except for any of the following limited purposes:

15 (1) Pharmacy reimbursement.

16 (2) Formulary compliance.

17 (3) Care management.

18 (4) Utilization review by a health care provider, the

19 patient's insurance provider, or the agent of either.

20 (5) Health care research.

21 (6) Any purpose otherwise provided by law.

22 (c) Nothing in this Section shall prohibit the dispensing

23 of prescription medications to a patient or to the patient's

24 authorized representative; the transmission of prescription

25 information between an authorized prescriber and a licensed

26 pharmacy; the transfer of prescription information between

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1 licensed pharmacies; the transfer of prescription records that

2 may occur in the event a pharmacy ownership is changed or

3 transferred; or care management educational communications

4 provided to a patient about the patient's health condition,

5 adherence to a prescribed course of therapy, or other

6 information about the drug being dispensed, treatment options,

7 or clinical trials.

8 (d) Nothing in this Section shall prohibit the collection,

9 use, transfer, or sale of patient and prescriber de-identified

10 data by zip code, geographic region, or medical specialty for

11 commercial purposes.

12 Section 15. The Wholesale Drug Distribution Licensing Act

13 is amended by adding Section 53 as follows:

14 (225 ILCS 120/53 new)

15 Sec. 53. License, transfer, use, and sale of prescription

16 information prohibited.

17 (a) In this Section, "commercial purpose" includes,

18 without limitation, advertising, marketing, promotion, or any

19 activity that could be used to (i) influence sales or market

20 share of a pharmaceutical product, (ii) influence or evaluate

21 the prescribing behavior of an individual health care

22 professional, or (iii) evaluate the effectiveness of a

23 professional pharmaceutical sales force.

24 (b) Records relative to prescription information

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1 containing patient-identifiable or prescriber-identifiable

2 data may not be licensed, transferred, used, or sold by any

3 licensee under this Act for any commercial purpose, except for

4 any of the following limited purposes:

5 (1) Pharmacy reimbursement.

6 (2) Formulary compliance.

7 (3) Care management.

8 (4) Utilization review by a health care provider, the

9 patient's insurance provider, or the agent of either.

10 (5) Health care research.

11 (6) Any purpose otherwise provided by law.

12 (c) Nothing in this Section shall prohibit the dispensing

13 of prescription medications to a patient or to the patient's

14 authorized representative; the transmission of prescription

15 information between an authorized prescriber and a licensed

16 pharmacy; the transfer of prescription information between

17 licensed pharmacies; the transfer of prescription records that

18 may occur in the event a pharmacy ownership is changed or

19 transferred; or care management educational communications

20 provided to a patient about the patient's health condition,

21 adherence to a prescribed course of therapy, or other

22 information about the drug being dispensed, treatment options,

23 or clinical trials.

24 (d) Nothing in this Section shall prohibit the collection,

25 use, transfer, or sale of patient and prescriber de-identified

26 data by zip code, geographic region, or medical specialty for

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1 commercial purposes.