Senate Bill No. 434

(By Senators Hunter and Foster)

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[Introduced February 1, 2007; referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §30-5-12c and
§30-5-12d; and to amend said code by adding thereto a new section, designated §46A-2-139, all relating generally to pharmacists and pharmacies; requiring that prescription information containing patient-identifiable and prescriber-identifiable data remain confidential; exceptions; and providing that a violation of confidentiality is actionable as an unfair or deceptive practice under the West Virginia Consumer Credit and Protection Act.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto two new sections, designated §30-5-12c and §30-5-12d; and that said code be amended by adding thereto a new section, designated §46A-2-139, 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 patient-identifiable and prescriber-identifiable data may 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. Nothing in this section prohibits the dispensing of prescription medications to a patient or to the patient's authorized representative; the transmission of prescription information between an authorized prescriber and a licensed pharmacy; the transfer of prescription information between licensed pharmacies; the transfer of prescription records that may occur in the event a pharmacy ownership is changed or transferred; care management educational communications 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 prohibits the collection, use, transfer, or sale of patient and prescriber de-identified data by zip code, geographic region, or medical specialty for commercial purposes. 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 chapter forty-six-a of this code. Any right or remedy set forth in chapter forty-six-a of this code for an unfair or deceptive act or practice may be used to enforce the provisions of this section.
§30-5-12d. Patient assistance program.
(a) Following the close of each calendar year, any clearinghouse that provides information to West Virginia residents about pharmaceutical manufacturers' patient assistance programs shall, to the extent that the clearinghouse collects such information, provide aggregate information to the secretary of the Department of Health and Human Services relative to either:
(1) The number of people in West Virginia who may qualify for any manufacturer or government program during the calendar year; or
(2) The number of patients served during the calendar year.
(b) An individual company may provide additional information about the individual company's patient assistance program; however, the commissioner shall combine all information from all sources, including individual companies and the clearinghouse, and shall report only aggregate information to the public.
CHAPTER 46A. WEST VIRGINIA CONSUMER CREDIT

AND PROTECTION ACT.

ARTICLE 2. CONSUMER CREDIT PROTECTION.

§46A-2-139. Unlawful dissemination of

prescription data.

Any unlawful dissemination of prescription data pursuant to section twelve-c, article five, chapter thirty of this code is an unfair or deceptive act or practice. Any person that has had their prescription data unlawfully disseminated pursuant to section twelve-c, article five, chapter thirty of this code may have any of the available remedies in this chapter as recourse against a person or entity that violates section twelve-c, article five, chapter thirty.


NOTE: The purpose of this bill is to
require that prescription information containing patient-identifiable and prescriber- identifiable data remain confidential; exceptions; and to provide that a violation of confidentiality is actionable as an unfair or deceptive practice under the West Virginia Consumer Credit and Protection Act.

These sections are new; therefore, strike-throughs and underscoring have been omitted.