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REFERENCE TITLE: prescriptions; confidentiality |
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State of Arizona Senate Forty-eighth Legislature First Regular Session 2007
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SB 1518 |
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Introduced by Senators Burton Cahill, Hale, Pesquiera: Aboud, Aguirre, Arzberger, Garcia; Representative Ableser
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AN ACT
Amending title 32, chapter 18, article 3, Arizona Revised Statutes, by adding section 32-1973; relating to the board of pharmacy.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 32, chapter 18, article 3, Arizona Revised Statutes, is amended by adding section 32-1973, to read:
32-1973. Prescription information; confidentiality; unprofessional conduct; civil penalty; definition
A. Records relating to prescription information that contain patient‑identifiable and prescriber-identifiable data shall not be licensed, transferred, used or sold by any pharmacy benefits manger, insurance company, electronic transmission intermediary, retail, mail order or internet pharmacy or other similar entity for any commercial purpose. This subsection does not prohibit the use of prescription information for the following purposes:
1. Case management.
2. Utilization review by a health care provider, the patient's insurance provider or the agent of either.
3. Health care research.
4. As otherwise provided by law.
B. This section does not prohibit:
1. The dispensing of prescription medications to a patient or to the patient's authorized representative.
2. The transmission of prescription information between an authorized prescriber and a licensed pharmacy.
3. The transfer of prescription information between licensed pharmacies.
4. The transfer of prescription records that may occur if a pharmacy ownership is changed or transferred.
5. 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.
C. This section does not prohibit the collection, use, transfer or sale of undentifiable patient and prescriber unidentified data by zip code, geographic region or medical specialty for commercial purposes.
D. A person or pharmacy that violates this section commits an act of unprofessional conduct, and any person who violates this section is subject to a civil penalty of one thousand dollars for each violation.
E. For the purposes of this section, "commercial purpose" includes advertising, marketing, promotion or any other activity that could be used to influence the sales or market share of a pharmaceutical product, to influence or evaluate the prescribing behavior of an individual health care professional or to evaluate the effectiveness of a professional pharmaceutical detailing sale force.