HF 491

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:37am

A bill for an act
relating to health; prohibiting the use of certain prescription information for
marketing of pharmaceutical products; proposing coding for new law in
Minnesota Statutes, chapter 62J.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [62J.84] PROHIBITED USE OF PRESCRIPTION INFORMATION.
new text end

new text begin Subdivision 1. new text end

new text begin Use of individual identifying information for marketing
prohibited. new text end

new text begin (a) No person or entity shall knowingly disclose or use patient-identifying
information or prescriber-identifying information contained in a prescription record for
any marketing purpose. For purposes of this section, "marketing purpose" means any
activity by a company, or agent thereof, intended to influence prescribing or purchasing
of pharmaceutical products, including but not limited to advertising, publicizing, or
promoting a product; influencing the prescribing behavior of an individual prescriber; and
advertising or promoting prescribed products directly to patients. Nothing in this section
prohibits the disclosure or use of prescription information for purposes of pharmacy
reimbursement, formulary compliance, care management, utilization review by a health
care provider or insurance provider, health care research, or as otherwise provided by law.
new text end

new text begin (b) Nothing in this section prohibits the use of information contained in a prescription
record for a marketing purpose, provided:
new text end

new text begin (1) the information is aggregate data;
new text end

new text begin (2) the information does not include individually identifying information; and
new text end

new text begin (3) there is no reasonable basis to believe that the data can be used to obtain
individually identifying information.
new text end

new text begin Subd. 2. new text end

new text begin Enforcement. new text end

new text begin In addition to other appropriate remedies provided by law, a
violation of this section is an unfair or deceptive act or practice within the meaning of
section 72A.20. Any right or remedy under chapter 72A may be used to enforce the
provisions of this section. The attorney general must investigate violations of this section
under section 8.31, and pursue enforcement proceedings as required.
new text end