1.1 	A bill for an act
1.2 	relating to health; requiring prescription information be kept confidential;
1.3 	proposing coding for new law in Minnesota Statutes, chapter 151.
1.4 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.5 	Section 1. [151.60] PRESCRIPTION INFORMATION.
1.6 		Subdivision 1.Prescription information records. (a) Records relating to 
1.7 	prescription information containing patient-identifiable and prescriber-identifiable data 
1.8 	shall not be licensed, transferred, used, or sold by any pharmacy benefits manager, 
1.9 	insurance company, electronic transmission intermediary, retail, mail order, or Internet 
1.10 	pharmacy or other similar entity for any commercial purpose, except for the limited 
1.11 	purposes of pharmacy reimbursement; formulary compliance; care management; 
1.12 	utilization review by a health care provider, the patient's insurance provider or the agent 
1.13 	of either; health care research; or as otherwise provided by law. "Commercial purpose" 
1.14 	includes, but is not limited to, advertising, marketing, promotion, or any activity that 
1.15 	could be used to influence sales or market share of a pharmaceutical product, influence or 
1.16 	evaluate the prescribing behavior of an individual health care professional, or evaluate the 
1.17 	effectiveness of a professional pharmaceutical detailing sales force.
1.18 	(b) Nothing in this section shall prohibit:
1.19 	(1) the dispensing of prescription medications to a patient or to the patient's 
1.20 	authorized representative;
1.21 	(2) the transmission of prescription information between an authorized prescriber 
1.22 	and a licensed pharmacy;
1.23 	(3) the transfer of prescription information between licensed pharmacies;
2.1 	(4) the transfer of prescription records that may occur in the event a pharmacy 
2.2 	ownership is changed or transferred; or
2.3 	(5) care management educational communication provided to a patient about the 
2.4 	patient's health condition, adherence to a prescribed course of therapy or other information 
2.5 	about the drug being dispensed, treatment options, or clinical trials. Nothing in this section 
2.6 	shall prohibit the collection, use, transfer, or sale of patient and prescribing de-identified 
2.7 	data by zip code, geographic region, or medical specialty for commercial purposes. 
2.8 		Subd. 2.Remedies. In addition to other appropriate remedies under this chapter, a 
2.9 	violation of this section is an unfair or deceptive act or practice within the meaning of 
2.10 	section 72A.20. Any right or remedy under section 72A.20 may be used to enforce the 
2.11 	provisions of this section. The attorney general shall investigate violations of this section 
2.12 	under section 8.31, and pursue enforcement proceedings as required.
2.13 		Subd. 3.Private remedies. In addition to the other remedies otherwise provided by 
2.14 	law, any person injured by a violation of this section may bring a civil action and recover 
2.15 	damages, together with costs and disbursements, including costs of investigation and 
2.16 	reasonable attorney fees, and receive other equitable relief as determined by the court.