NY State Senate Bill 2013-S2308A

Senate Bill S2308A

2013-2014 Legislative Session

Prohibits the sale of information listed on prescriptions that identifies specific patients or persons legally authorized to issue a prescription

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to health
Jun 21, 2013	print number 2308a
Jun 21, 2013	amend and recommit to health
Jan 15, 2013	referred to health

Bill Amendments

Original

A (Active)

2013-S2308 - Details

See Assembly Version of this Bill:: A1527
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §270, add §276-a, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4111, A5891
2011-2012: S2591, A364
2015-2016: A1525
2017-2018: A924
2019-2020: A73
2021-2022: A1379

2013-S2308 - Summary

Requires prescription information to be kept confidential.

2013-S2308 - Sponsor Memo

                                BILL NUMBER:S2308

TITLE OF BILL:  An act to amend the public health law, in relation to
prescription privacy

PURPOSE:  This bill prohibits the sale of physician identified
prescription records when such records will be used to market
prescription drugs to doctors and other medical personnel who write
prescriptions.

SUMMARY OF PROVISIONS:

Section 1: Establishes the legislative findings and intent.

Section 2: Amends Section 270 of the public health law by adding two
new subdivisions defining the terms "individual identifying
information" and "marketing."

Section 3: Amends the public health law by adding a new section 276-a
prohibiting the sale of physician identified prescription records when
such records will be used to market prescription drugs to doctors and
other medical personnel who write prescriptions; provides exemptions.
This section also provides the Commissioner of Health and the Attorney
General with the authority to enforce compliance.

Section 4: Sets the effective date.

JUSTIFICATION:  Spending on prescription drugs is one of the fastest
growing components of health care expenditures in the United States.
Although there are many reasons, a Kaiser Family Foundation analysis
credits the increase to: the number of prescriptions, the change to
newer and higher priced drugs, price increases by manufacturers, and
direct-to-consumer advertising as main factors in the rising cost of
prescription drugs.  In 2003, the average price of a retail
prescription in New York was $63.34, ten dollars more than the average
U.S. cost of a retail prescription. In addition, from June 2003 to
June 2004, prices for brand-name prescription drugs used most commonly
by older Americans rose 7.6 percent. This increase was 3.5 times the
rate of inflation.

A review of corporate annual reports in 2003 found that out of every
$100 spent by pharmaceutical companies, $31 goes to marketing,
advertising, and administrative costs, while only $13 goes to research
and development. According to a Journal of the American Medical
Association article most of this marketing money, an estimated $19.1
billion in 2001, is directed at physicians.

By presenting physicians with their individual prescribing patterns,
pharmaceutical companies have the ability to place undue pressure on
medical professionals to alter their prescribing practices. This
creates an impression with the public that decisions are being made
based on something other than what is in the best interest of the
patient, eroding faith in the medical community and leading to
patients, appropriately or not, questioning the judgment of medical
professionals.


The proposed bill only restricts the sale of physician identified
prescription records when such records will be used to market
prescription drugs to doctors and other medical personnel who write
prescriptions. The bill protects and immunizes doctors from any undue
pressure created by the knowledge that pharmaceutical companies and
their representatives actively monitor the physicians' prescription
habits (for compliance with their suggestions). By eliminating this
pressure, the state seeks to reassure the public that the patient's
best interest remains the most prominent factor considered by doctors
when prescribing.

This bill recognizes the importance of keeping open the channels of
communication between physicians and pharmaceutical company
representatives and therefore would not in any way prevent the sales
representatives from providing information about products to
physicians. For this reason the bill does not restrict pharmaceutical
companies' ability or freedom to meet and inform doctors.

This bill aims to arrest the slow damage done by prescriptions written
for brand-name drugs when equally efficacious, and much cheaper,
generic drugs are available. Money spent on healthcare is
sky-rocketing, and ample evidence exists that many citizens are making
very tough choices: skipping meals so that they buy their medicines,
not taking their medicines because they cannot afford a whole month's
supply, skipping one of their medicines so that they can take the
others, etc. This law seeks to minimize, if not eliminate, the
possibility that patients' health will continue to be affected by
these less-than-optimum prescription habits that are enabled and
encouraged by drug companies who seek to promote the use and
prescription of their brand name drug.

In addition, the legislation would not prohibit the use of any doctor
identified prescribing data for conducting clinical trials, or health
research regarding the effects of practitioner prescribing practices,
conducting drug safety evaluations, product recalls and specific risk
management plans, as identified or requested by the federal Food and
Drug Administration.

The legislation is being proposed to help retain patient confidence in
the medical profession and to control the cost of health care,
particularly the rising cost of prescription drugs by recognizing that
such prescribing practices increased spending for publicly funded
health insurance programs. High prices for prescription drugs have
serious, harmful consequences for millions of New Yorkers. The effects
on consumers of high prescription drug prices are well understood they
forego their medicines when costs become too high.

LEGISLATIVE HISTORY: 2011-2012: Referred to Health

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  This act shall take effect on the one hundred
eightieth day after it shall have become a law.

2013-S2308 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2308

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 15, 2013
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public  health  law,  in  relation  to  prescription
  privacy

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings and intent.  Prescribing  health  care
professionals  should  have  a  reasonable  expectation  that  when they
prescribe a medication for a patient, that decision  will  not  be  made
available  to  an outside third party. However, disclosure of individual
identifying information about patients and prescribers  enables  pharma-
ceutical  companies  to track the prescribing practices of physicians to
target them for marketing, including gifts and payments.  This marketing
can distort prescribing practices to  increase  health  care  costs  and
undermine  patient  safety.  The National Institutes of Health has found
that nearly one-third of the increase in prescription drug  prices  over
the   last  decade  was  attributable  to  marketing-induced  shifts  in
prescribing practices. Published evidence  shows  that  prescribers  are
often  encouraged by sales representatives to prescribe medications in a
manner that has not been approved by the Federal Food and Drug  Adminis-
tration.
  Neither  the  state  nor  any other entity has the resources to effec-
tively counter targeted marketing  campaigns  that  exceed  hundreds  of
millions of dollars.
  The  legislature  finds  that this legislation is necessary to protect
health care professionals and their patients from the abuses of targeted
marketing that are made possible by the disclosure of individual identi-
fying information.
  S 2. Section 270 of the public health law is amended by adding two new
subdivisions 15 and 16 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03775-01-3

S. 2308                             2

  15. "INDIVIDUAL IDENTIFYING INFORMATION" MEANS INFORMATION IDENTIFYING
OR TENDING TO IDENTIFY A PRESCRIBER OR PATIENT, WHERE THE INFORMATION IS
DERIVED FROM OR RELATES TO A PRESCRIPTION FOR ANY DRUG OR DEVICE.
  16.  "MARKETING" MEANS, BUT IS NOT LIMITED TO, ADVERTISING, DETAILING,
MARKETING, PROMOTION, OR ANY ACTIVITY THAT COULD BE  USED  TO  INFLUENCE
SALES  OR  MARKET  SHARE  OF A DRUG OR DEVICE, INFLUENCE OR EVALUATE THE
PRESCRIBING PRACTICES OF A PRESCRIBER, OR EVALUATE THE EFFECTIVENESS  OF
MARKETING PRACTICES OR PERSONNEL.
  S 3. The public health law is amended by adding a new section 276-a to
read as follows:
  S 276-A. PRESCRIPTION PRIVACY. 1. NO PRESCRIBER, PHARMACIST, PHARMACY,
PHARMACY BENEFITS MANAGER, HEALTH PLAN, INSURER, THIRD PARTY PAYER, DATA
TRANSFER  INTERMEDIARY,  DRUG MANUFACTURER OR WHOLESALER OR THEIR AGENTS
SHALL DISCLOSE, SELL, TRANSFER, EXCHANGE OR USE ANY INDIVIDUAL IDENTIFY-
ING INFORMATION TO ANY PERSON OR ENTITY FOR THE PURPOSE OF MARKETING ANY
DRUG OR DEVICE.
  2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, INDIVIDUAL IDENTI-
FYING INFORMATION, SUBJECT TO APPLICABLE LAW  MAY  BE  DISCLOSED,  SOLD,
TRANSFERRED  OR  EXCHANGED  TO:  (A)  THE  PATIENT  TO WHOM THE ORIGINAL
PRESCRIPTION WAS ISSUED OR A PERSON  TO  WHOM  THE  PRESCRIBED  DRUG  OR
DEVICE MAY BE DELIVERED;
  (B)  A  PERSON  LEGALLY AUTHORIZED TO ISSUE OR FILL A PRESCRIPTION FOR
THE PATIENT, A PERSON WHO TREATS THE PATIENT, OR A PERSON  WHO  PROVIDES
DISEASE MANAGEMENT OR CASE MANAGEMENT TO THE PATIENT;
  (C)  AN  OFFICER,  INSPECTOR  OR INVESTIGATOR FOR A GOVERNMENT HEALTH,
LICENSING OR LAW  ENFORCEMENT  AGENCY  ACTING  UNDER  APPROPRIATE  LEGAL
AUTHORITY, WHERE THE REQUEST IS MADE IN WRITING;
  (D) A PERSON AUTHORIZED BY A COURT ORDER TO RECEIVE SUCH INFORMATION;
  (E)  A HEALTH RESEARCHER WHO IS OTHERWISE AUTHORIZED TO HAVE ACCESS TO
HEALTH RECORDS OF THE PATIENT THAT INCLUDE  THE  INDIVIDUAL  IDENTIFYING
INFORMATION, FOR REASONS INCLUDING, BUT NOT LIMITED TO, CONDUCTING CLIN-
ICAL TRIALS OR RESEARCH REGARDING THE EFFECTS OF HEALTH CARE PRACTITION-
ER PRESCRIBING PRACTICES;
  (F) CONDUCT DRUG SAFETY EVALUATIONS, PRODUCT RECALLS AND SPECIFIC RISK
MANAGEMENT  PLANS,  AS  IDENTIFIED  OR REQUESTED BY THE FEDERAL FOOD AND
DRUG ADMINISTRATION, OR ITS SUCCESSOR AGENCY;
  (G) ALLOW FOR THE APPROPRIATE TRANSFER OF RECORDS THAT MAY TAKE  PLACE
WHEN OWNERSHIP OF A PHARMACY IS CHANGED OR TRANSFERRED;
  (H)  THE  PATIENT'S  HEALTH PLAN, INSURER, OR THIRD PARTY PAYER, OR AN
AGENT, FOR THE PURPOSE OF  PAYMENT  OR  REIMBURSEMENT  FOR  HEALTH  CARE
SERVICES, INCLUDING DETERMINING COMPLIANCE WITH THE TERMS OF COVERAGE OR
MEDICAL NECESSITY, OR UTILIZATION REVIEW;
  (I)  A  PERSON OR ENTITY TO WHOM, AND FOR A PURPOSE FOR WHICH, DISCLO-
SURE OR TRANSFER IS OTHERWISE EXPLICITLY AUTHORIZED OR REQUIRED BY  LAW;
OR
  (J)  A  PERSON OR ENTITY ACTING AS AN EMPLOYEE OR AGENT OF A PERSON OR
ENTITY UNDER ANY  PRECEDING  PARAGRAPH  OF  THIS  SUBDIVISION,  FOR  THE
PURPOSE OF AND CONSISTENT WITH THAT PARAGRAPH.
  3.  NOTHING IN THIS SECTION SHALL PROHIBIT THE COLLECTION, USE, TRANS-
FER, OR SALE OF PATIENT AND PRESCRIBER  DATA  BY  ZIP  CODE,  GEOGRAPHIC
REGION,  OR  MEDICAL SPECIALTY FOR MARKETING PURPOSES, PROVIDING IT DOES
NOT CONTAIN INDIVIDUAL IDENTIFYING INFORMATION.
  4. THIS SECTION SHALL NOT PREVENT ANY PERSON FROM DISCLOSING, SELLING,
TRANSFERRING, OR EXCHANGING FOR VALUE INDIVIDUAL IDENTIFYING INFORMATION
PERTAINING TO THAT PERSON, FOR ANY PURPOSE; PROVIDED THAT  THE  INFORMA-

S. 2308                             3

TION  DOES  NOT INCLUDE INDIVIDUAL IDENTIFYING INFORMATION PERTAINING TO
ANY OTHER PERSON.
  5.  NOTHING  IN  THIS  SECTION  SHALL  PROHIBIT  A PHARMACY FROM USING
PATIENT INFORMATION TO  PROVIDE  CARE  MANAGEMENT  EDUCATIONAL  COMMUNI-
CATIONS  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.
  6. NO PERSON OR ENTITY TO WHOM OR WHICH INDIVIDUAL IDENTIFYING  INFOR-
MATION  IS  DISCLOSED,  SOLD,  TRANSFERRED  OR EXCHANGED SHALL DISCLOSE,
SELL, TRANSFER OR EXCHANGE IT TO ANY PERSON OR ENTITY OTHER THAN FOR THE
LAWFUL  PURPOSE  FOR  WHICH  IT  WAS  DISCLOSED,  SOLD,  TRANSFERRED  OR
EXCHANGED  TO  THE  PERSON OR ENTITY, AND WITHOUT SATISFACTORY ASSURANCE
THAT THE RECIPIENT WILL SAFEGUARD THE RECORDS FROM  BEING  DISCLOSED  OR
USED IN THE STATE FOR MARKETING PURPOSES.
  7.  THIS  SECTION  SHALL NOT BE CONSTRUED TO AUTHORIZE ANY DISCLOSURE,
SALE, TRANSFER, OR EXCHANGE OF INDIVIDUAL IDENTIFYING  INFORMATION  THAT
IS NOT OTHERWISE AUTHORIZED OR REQUIRED BY LAW.
  8. IN ADDITION TO THE COMMISSIONER'S AUTHORITY TO ENFORCE THIS SECTION
UNDER  SECTION  TWELVE  OF THIS CHAPTER, THE ATTORNEY GENERAL SHALL HAVE
THE AUTHORITY TO BRING AN ACTION TO ENFORCE COMPLIANCE WITH THIS SECTION
WITHOUT REFERRAL BY THE COMMISSIONER.
  S 4.  This act shall take effect on  the  one  hundred  eightieth  day
after it shall have become a law.

2013-S2308A (ACTIVE) - Details

See Assembly Version of this Bill:: A1527
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §270, add §276-a, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4111, A5891
2011-2012: S2591, A364
2015-2016: A1525
2017-2018: A924
2019-2020: A73
2021-2022: A1379

2013-S2308A (ACTIVE) - Summary

Requires prescription information to be kept confidential.

2013-S2308A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2308A

TITLE OF BILL:  An act to amend the public health law, in relation to
prescription privacy

PURPOSE:  This bill prohibits the sale of physician identified
prescription records when such records will be used to market
prescription drugs to doctors and other medical personnel who write
prescriptions.

SUMMARY OF PROVISIONS:

Section 1: Establishes the legislative findings and intent.

Section 2: Amends Section 270 of the public health law by adding two
new subdivisions defining the terms "individual identifying
information" and "marketing."

Section 3: Amends the public health law by adding a new section 276-a
prohibiting the sale of physician identified prescription records when
such records will be used to market prescription drugs to doctors and
other medical personnel who write prescriptions; provides exemptions.
This section also provides the Commissioner of Health and the Attorney
General with the authority to enforce compliance.

Section 4: Sets the effective date..

JUSTIFICATION:  Spending on prescription drugs is one of the fastest
growing components of health care expenditures in the United States.
Although there are many reasons, a Kaiser Family Foundation analysis
credits the increase to: the number of prescriptions, the change to
newer and higher priced drugs, price increases by manufacturers, and
direct-to-consumer advertising as main factors in the rising cost of
prescription drugs. In 2003, the average price of a retail
prescription in New York was $63.34, ten dollars more than the average
U.S. cost of a retail prescription. In addition, from June 2003 to
June 2004, prices for brand-name prescription drugs used most commonly
by older Americans rose 7.6 percent. This increase was 3.5 times the
rate of inflation. A review of corporate annual reports in 2003 found
that out of every $100 spent by pharmaceutical companies, $31 goes to
marketing, advertising, and administrative costs, while only $13 goes
to research and development.  According to a Journal of the American
Medical Association article most of this marketing money, an estimated
$19.1 billion in 2001, is directed at physicians.

By presenting physicians with their individual prescribing patterns,
pharmaceutical companies have the ability to place undue pressure on
medical professionals to alter their prescribing practices. This
creates an impression with the public that decisions are being made
based on something other than what is in the best interest of the
patient, eroding faith in the medical community and leading to
patients, appropriately or not, questioning the judgment of medical
professionals.

The proposed bill only restricts the sale of physician identified
prescription records when such records will be used to market
prescription drugs to doctors and other medical personnel who write


prescriptions. The bill protects and immunizes doctors from any undue
pressure created by the knowledge that pharmaceutical companies and
their representatives actively monitor the physicians' prescription
habits (for compliance with their suggestions). By eliminating this
pressure, the state seeks to reassure the public that the patient's
best interest remains the most prominent factor considered by doctors
when prescribing.

This bill recognizes the importance of keeping open the channels of
communication between physicians and pharmaceutical company
representatives and therefore would not in any way prevent the sales
representatives from providing information about products to
physicians.  For this reason the bill does not restrict pharmaceutical
companies' ability or freedom to meet and inform doctors.

This bill aims to arrest the slow damage done by prescriptions written
for brand-name drugs when equally efficacious, and much cheaper,
generic drugs are available. Money spent on health-care is
sky-rocketing, and ample evidence exists that many citizens are making
very tough choices:  skipping meals so that they buy their medicines,
not taking their medicines because they cannot afford a whole month's
supply, skipping one of their medicines so that they can take the
others, etc. This law seeks to minimize, if not eliminate, the
possibility that patients' health will continue to be affected by
these less-than-optimum prescription habits that are enabled and
encouraged by drug companies who seek to promote the use and
prescription of their brand name drug.

In addition, the legislation would not prohibit the use of any doctor
identified prescribing data for conducting clinical trials, or health
research regarding the effects of practitioner prescribing practices,
conducting drug safety evaluations, product recalls and specific risk
management plans, as identified or requested by the federal Food and
Drug Administration.

The legislation is being proposed to help retain patient confidence in
the medical profession and to control the cost of health care,
particularly the rising cost of prescription drugs by recognizing that
such prescribing practices increased spending for publicly funded
health insurance programs. High prices for prescription drugs have
serious, harmful consequences for millions of New Yorkers. The effects
on consumers of high prescription drug prices are well understood they
forego their medicines when costs become too high.

LEGISLATIVE HISTORY: 2011-2012: Died in Health

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  This act shall take effect on the one hundred
eightieth day after it shall have become a law.

2013-S2308A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2308--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 15, 2013
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  public  health law, in relation to prescription
  privacy

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings and intent. Prescribing health care
professionals should  have  a  reasonable  expectation  that  when  they
prescribe  a  medication  for  a patient, that decision will not be made
available to an outside third party. However, disclosure  of  individual
identifying  information  about patients and prescribers enables pharma-
ceutical companies to track the prescribing practices of  physicians  to
target them for marketing, including gifts and payments.  This marketing
can  distort  prescribing  practices  to  increase health care costs and
undermine patient safety. The National Institutes of  Health  has  found
that  nearly  one-third of the increase in prescription drug prices over
the  last  decade  was  attributable  to  marketing-induced  shifts   in
prescribing  practices.  Published  evidence  shows that prescribers are
often encouraged by sales representatives to prescribe medications in  a
manner  that has not been approved by the Federal Food and Drug Adminis-
tration.
  Neither the state nor any other entity has  the  resources  to  effec-
tively  counter  targeted  marketing  campaigns  that exceed hundreds of
millions of dollars.
  The legislature finds that this legislation is  necessary  to  protect
health care professionals and their patients from the abuses of targeted
marketing that are made possible by the disclosure of individual identi-
fying information.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03775-03-3

S. 2308--A                          2

  S 2. Section 270 of the public health law is amended by adding two new
subdivisions 15 and 16 to read as follows:
  15. "INDIVIDUAL IDENTIFYING INFORMATION" MEANS INFORMATION IDENTIFYING
OR TENDING TO IDENTIFY A PRESCRIBER OR PATIENT, WHERE THE INFORMATION IS
DERIVED FROM OR RELATES TO A PRESCRIPTION FOR ANY DRUG OR DEVICE.
  16.  "MARKETING" MEANS, BUT IS NOT LIMITED TO, ADVERTISING, DETAILING,
MARKETING, PROMOTION, OR ANY ACTIVITY THAT COULD BE  USED  TO  INFLUENCE
SALES  OR  MARKET  SHARE  OF A DRUG OR DEVICE, INFLUENCE OR EVALUATE THE
PRESCRIBING PRACTICES OF A PRESCRIBER, OR EVALUATE THE EFFECTIVENESS  OF
MARKETING PRACTICES OR PERSONNEL.
  S 3. The public health law is amended by adding a new section 276-a to
read as follows:
  S 276-A. PRESCRIPTION PRIVACY. 1. NO PRESCRIBER, PHARMACIST, PHARMACY,
PHARMACY BENEFITS MANAGER, HEALTH PLAN, INSURER, THIRD PARTY PAYER, DATA
TRANSFER  INTERMEDIARY,  DRUG MANUFACTURER OR WHOLESALER OR THEIR AGENTS
SHALL DISCLOSE, SELL, TRANSFER, EXCHANGE OR USE ANY INDIVIDUAL IDENTIFY-
ING INFORMATION TO ANY PERSON OR ENTITY FOR THE PURPOSE OF MARKETING ANY
DRUG OR DEVICE.
  2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, INDIVIDUAL IDENTI-
FYING INFORMATION, SUBJECT TO APPLICABLE LAW  MAY  BE  DISCLOSED,  SOLD,
TRANSFERRED  OR  EXCHANGED  TO:  (A)  THE  PATIENT  TO WHOM THE ORIGINAL
PRESCRIPTION WAS ISSUED OR A PERSON  TO  WHOM  THE  PRESCRIBED  DRUG  OR
DEVICE MAY BE DELIVERED;
  (B)  A  PERSON  LEGALLY AUTHORIZED TO ISSUE OR FILL A PRESCRIPTION FOR
THE PATIENT, A PERSON WHO TREATS THE PATIENT, OR A PERSON  WHO  PROVIDES
DISEASE MANAGEMENT OR CASE MANAGEMENT TO THE PATIENT;
  (C)  AN  OFFICER,  INSPECTOR  OR INVESTIGATOR FOR A GOVERNMENT HEALTH,
LICENSING OR LAW  ENFORCEMENT  AGENCY  ACTING  UNDER  APPROPRIATE  LEGAL
AUTHORITY, WHERE THE REQUEST IS MADE IN WRITING;
  (D) A PERSON AUTHORIZED BY A COURT ORDER TO RECEIVE SUCH INFORMATION;
  (E)  A HEALTH RESEARCHER WHO IS OTHERWISE AUTHORIZED TO HAVE ACCESS TO
HEALTH RECORDS OF THE PATIENT THAT INCLUDE  THE  INDIVIDUAL  IDENTIFYING
INFORMATION, FOR REASONS INCLUDING, BUT NOT LIMITED TO, CONDUCTING CLIN-
ICAL TRIALS OR RESEARCH REGARDING THE EFFECTS OF HEALTH CARE PRACTITION-
ER PRESCRIBING PRACTICES;
  (F) CONDUCT DRUG SAFETY EVALUATIONS, PRODUCT RECALLS AND SPECIFIC RISK
MANAGEMENT  PLANS,  AS  IDENTIFIED  OR REQUESTED BY THE FEDERAL FOOD AND
DRUG ADMINISTRATION, OR ITS SUCCESSOR AGENCY;
  (G) ALLOW FOR THE APPROPRIATE TRANSFER OF RECORDS THAT MAY TAKE  PLACE
WHEN OWNERSHIP OF A PHARMACY IS CHANGED OR TRANSFERRED;
  (H)  THE  PATIENT'S  HEALTH PLAN, INSURER, OR THIRD PARTY PAYER, OR AN
AGENT, FOR THE PURPOSE OF  PAYMENT  OR  REIMBURSEMENT  FOR  HEALTH  CARE
SERVICES, INCLUDING DETERMINING COMPLIANCE WITH THE TERMS OF COVERAGE OR
MEDICAL NECESSITY, OR UTILIZATION REVIEW;
  (I)  A  PERSON OR ENTITY TO WHOM, AND FOR A PURPOSE FOR WHICH, DISCLO-
SURE OR TRANSFER IS OTHERWISE EXPLICITLY AUTHORIZED OR REQUIRED BY LAW;
  (J) A PERSON OR ENTITY ACTING AS AN EMPLOYEE OR AGENT OF A  PERSON  OR
ENTITY  UNDER  ANY  PRECEDING  PARAGRAPH  OF  THIS  SUBDIVISION, FOR THE
PURPOSE OF AND CONSISTENT WITH THAT PARAGRAPH; OR
  (K) A GOVERNMENT ENTITY AS PROVIDED BY LAW.
  3. NOTHING IN THIS SECTION SHALL PROHIBIT THE COLLECTION, USE,  TRANS-
FER,  OR  SALE  OF  PATIENT  AND PRESCRIBER DATA BY ZIP CODE, GEOGRAPHIC
REGION, OR MEDICAL SPECIALTY FOR MARKETING PURPOSES, PROVIDING  IT  DOES
NOT CONTAIN INDIVIDUAL IDENTIFYING INFORMATION.
  4. THIS SECTION SHALL NOT PREVENT ANY PERSON FROM DISCLOSING, SELLING,
TRANSFERRING, OR EXCHANGING FOR VALUE INDIVIDUAL IDENTIFYING INFORMATION

S. 2308--A                          3

PERTAINING  TO  THAT PERSON, FOR ANY PURPOSE; PROVIDED THAT THE INFORMA-
TION DOES NOT INCLUDE INDIVIDUAL IDENTIFYING INFORMATION  PERTAINING  TO
ANY OTHER PERSON.
  5.  NOTHING  IN  THIS  SECTION  SHALL  PROHIBIT  A PHARMACY FROM USING
PATIENT INFORMATION TO  PROVIDE  CARE  MANAGEMENT  EDUCATIONAL  COMMUNI-
CATIONS  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.
  6. NO PERSON OR ENTITY TO WHOM OR WHICH INDIVIDUAL IDENTIFYING  INFOR-
MATION  IS  DISCLOSED,  SOLD,  TRANSFERRED  OR EXCHANGED SHALL DISCLOSE,
SELL, TRANSFER OR EXCHANGE IT TO ANY PERSON OR ENTITY OTHER THAN FOR THE
LAWFUL  PURPOSE  FOR  WHICH  IT  WAS  DISCLOSED,  SOLD,  TRANSFERRED  OR
EXCHANGED  TO  THE  PERSON OR ENTITY, AND WITHOUT SATISFACTORY ASSURANCE
THAT THE RECIPIENT WILL SAFEGUARD THE RECORDS FROM  BEING  DISCLOSED  OR
USED IN THE STATE FOR MARKETING PURPOSES.
  7.  THIS  SECTION  SHALL NOT BE CONSTRUED TO AUTHORIZE ANY DISCLOSURE,
SALE, TRANSFER, OR EXCHANGE OF INDIVIDUAL IDENTIFYING  INFORMATION  THAT
IS NOT OTHERWISE AUTHORIZED OR REQUIRED BY LAW.
  8. IN ADDITION TO THE COMMISSIONER'S AUTHORITY TO ENFORCE THIS SECTION
UNDER  SECTION  TWELVE  OF THIS CHAPTER, THE ATTORNEY GENERAL SHALL HAVE
THE AUTHORITY TO BRING AN ACTION TO ENFORCE COMPLIANCE WITH THIS SECTION
WITHOUT REFERRAL BY THE COMMISSIONER.
  S 4.  This act shall take effect on  the  one  hundred  eightieth  day
after it shall have become a law.

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