SF 3699

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; requiring prescription information be kept confidential;
proposing coding for new law in Minnesota Statutes, chapter 151.

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

Section 1.

new text begin [151.60] PRESCRIPTION INFORMATION.
new text end

new text begin Subdivision 1. new text end

new text begin Prescription information records. new text end

new text begin (a) Records relating 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.
new text end

new text begin (b) Nothing in this section shall prohibit:
new text end

new text begin (1) the dispensing of prescription medications to a patient or to the patient's
authorized representative;
new text end

new text begin (2) the transmission of prescription information between an authorized prescriber
and a licensed pharmacy;
new text end

new text begin (3) the transfer of prescription information between licensed pharmacies;
new text end

new text begin (4) the transfer of prescription records that may occur in the event a pharmacy
ownership is changed or transferred; or
new text end

new text begin (5) care management educational communication 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 prescribing de-identified
data by zip code, geographic region, or medical specialty for commercial purposes.
new text end

new text begin Subd. 2. new text end

new text begin Remedies. new text end

new text begin 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
section 72A.20. Any right or remedy under section 72A.20 may be used to enforce the
provisions of this section. The attorney general shall investigate violations of this section
under section 8.31, and pursue enforcement proceedings as required.
new text end

new text begin Subd. 3. new text end

new text begin Private remedies. new text end

new text begin In addition to the other remedies otherwise provided by
law, any person injured by a violation of this section may bring a civil action and recover
damages, together with costs and disbursements, including costs of investigation and
reasonable attorney fees, and receive other equitable relief as determined by the court.
new text end