FIRST REGULAR SESSION
94TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES SATER (Sponsor), WETER, WALTON, FAITH, DENISON AND SWINGER (Co-sponsors).
Pre-filed December 7, 2006 and copies ordered printed.
D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 338, RSMo, by adding thereto one new section relating to confidentiality of prescriptive information.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 338, RSMo, is amended by adding thereto one new section, to be known as section 338.200, to read as follows:
338.200. 1. Records relative to prescription information containing patient-identifiable and prescriber-identifiable data shall 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.
2. For purposes of this section, commercial purposes 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.
3. Nothing in this section shall prohibit:
(1) The dispensing of prescription medications to a patient or 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 in the event 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; or
(6) The collection, use, transfer, or sale of patient and prescriber de-identified data by zip code, geographic region, or medical specialty for commercial purposes.
4. In addition to other appropriate remedies under this chapter, a violation of this section is an unlawful practice within the meaning of section 407.020, RSMo.
•