H. B. 4676
(By Delegates Perdue and DeLong)
[Introduced February 21, 2006; referred to the
Committee on Health and Human Resources then the
Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §30-5-12c; and to
amend said code by adding thereto a new section, designated
§60A-4-412, all relating to protecting the confidentiality of
prescription drug information.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §30-5-12c; and that
said code be amended by adding thereto a new section, designated
§60A-4-412, all to read as follows:
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
ARTICLE 5. PHARMACISTS, PHARMACY TECHNICIANS, PHARMACY INTERNS
AND PHARMACIES.
§30-5-12c. Prescription information to be kept confidential.
Records relative to prescription information containing
identifiable patient and prescriber data shall not be transferred or sold by any pharmacy benefit manager, insurance company,
electronic transmission intermediary, retail, mail order or
internet pharmacy for any commercial purpose. In addition to other
appropriate remedies under this chapter, a violation of this
section is an unfair trade practice within the meaning of article
eleven-a, chapter forty-seven of this code. Any right or remedy
set forth in article eleven-a, chapter forty-seven may be used to
enforce the provisions of this section.
CHAPTER 60A. UNIFORM CONTROLLED SUBSTANCES ACT.
ARTICLE 4. OFFENSES AND PENALTIES.
§60A-4-412. Prohibited acts; prescription information to be held
confidential.
Pursuant to section twelve-c, article five, chapter thirty of
this code, records relative to prescription information containing
identifiable patient and prescriber data shall not be transferred
or sold by any pharmacy benefit manager, insurance company,
electronic transmission intermediary, retail, mail order or
internet pharmacy for any commercial purpose. In addition to other
appropriate remedies under this chapter, a violation of this
section is an unfair trade practice within the meaning of article
eleven-a, chapter forty-seven of this code. Any right or remedy
set forth in article eleven-a, chapter forty-seven may be used to
enforce the provisions of this section.
NOTE: The purpose of this bill is to ensure the
confidentiality of prescription drug information and to prevent the
sale of the information.
These sections are new; therefore, strike-throughs and
underscoring have been omitted.