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S1406aa...............................................by HEALTH AND WELFARE
PRESCRIPTIONS - Adds to existing law to provide confidentiality for
patient-specific information concerning prescriptions from pharmacies and
pharmacists with exceptions specified.
02/05 Senate intro - 1st rdg - to printing
02/06 Rpt prt - to Health/Wel
02/11 Rpt out - to 14th Ord
02/13 Rpt out amen - to engros
02/16 Rpt engros - 1st rdg - to 2nd rdg as amen
02/17 2nd rdg - to 3rd rdg as amen
02/20 3rd rdg as amen - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
Sweeney, Thorne, Wheeler, Whitworth
NAYS--None
Absent and excused--Twiggs
Floor Sponsor - Wheeler
Title apvd - to House
02/23 House intro - 1st rdg as amen - to Health/Wel
S1406|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1406, As Amended BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO THE IDAHO PHARMACY ACT; AMENDING CHAPTER 17, TITLE 54, IDAHO CODE, 3 BY THE ADDITION OF A NEW SECTION 54-1727, IDAHO CODE, TO PROVIDE FOR CON- 4 FIDENTIALITY OF PATIENT SPECIFIC INFORMATION CONCERNING PRESCRIPTIONS AND 5 OTHER INFORMATION, PROVIDING FOR EXCEPTIONS, PROVIDING PENALTIES FOR 6 VIOLATION AND PROVIDING IMMUNITY FROM LIABILITY FOR PHARMACISTS. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Chapter 17, Title 54, Idaho Code, be, and the same is 9 hereby amended by the addition thereto of a NEW SECTION , to be 10 known and designated as Section 54-1727, Idaho Code, and to read as follows: 11 54-1727. CONFIDENTIALITY OF PRESCRIPTIONS AND PATIENT INFORMATION. 12 (1) All prescriptions, drug orders, records or any other prescription infor- 13 mation that specifically identifies an individual patient shall be held in the 14 strictest confidence. No person in possession of such information shall 15 release the information, unless requested as follows: 16 (a) By the board, or its representatives, acting in their official capac- 17 ity; 18 (b) By a law enforcement or peace officer in the performance of such 19 officer's official duties; 20 (c) By the patient, or the patient's designee, regarding the patient's 21 own records; 22 (d) By the practitioner, or the practitioner's designee, who issued the 23 prescription; 24 (e) By other licensed health care professionals who are responsible for 25 the direct and acute care of the patient; 26 (f) By agents of the department of health and welfare when acting in 27 their official capacity with reference to issues related to the practice 28 of pharmacy (written requests by authorized agents of the department 29 requesting such information are required); 30 (g) By agents of any board whose practitioners have prescriptive author- 31 ity, when the board is enforcing laws governing that practitioner; 32 (h) By an agency of government charged with the responsibility for pro- 33 viding medical care for the patient (written requests by authorized agents 34 of the agency requesting such information are required); 35 (i) By the federal food and drug administration (FDA), for purposes 36 relating to monitoring of adverse drug events in compliance with the 37 requirements of federal law or rules adopted by the federal food and drug 38 administration; 39 (j) By the patient's authorized insurance benefit provider or health plan 40 providing health care coverage or pharmacy benefits to the patient, pro- 41 vided the patient or the patient's authorized agent has authorized the 42 release of such information in writing. 43 (2) Nothing in this section shall prevent the pharmacist from providing 2 1 aggregate or other data, which does not identify the patient, to qualified 2 researchers, including pharmaceutical manufacturers, for purposes of clinical, 3 pharmaco-epidemiological, or pharmaco-economic research. 4 (3) Any person who has knowledge by virtue of his office or occupation of 5 any prescription drug order, record, or pharmacy related information that spe- 6 cifically identifies an individual patient shall not divulge such information 7 except as authorized in subsections (1) and (2) of this section. Any person or 8 entity to whom information is divulged pursuant to subsection (1) shall not 9 divulge such information except in compliance with this section. 10 (4) Nothing in this section shall limit the authority of the board or its 11 representatives from inspecting the records of pharmacies or pharmacists or 12 any board with licensees who have prescriptive authority from performing any 13 other duty or authority of that board nor shall this section limit a court of 14 competent jurisdiction from ordering the release or disclosure of such records 15 upon a showing of just cause after such review or hearing as the court deems 16 necessary and proper. 17 (5) In addition to all other penalties as provided by law, any person or 18 entity found by the board to be in violation of the provisions of this section 19 shall be subject to a fine not to exceed three thousand dollars ($3,000) for 20 each offense. 21 (6) No person shall be liable, nor shall a cause of action exist, for any 22 loss or damage based upon the proper good faith release of records pursuant to 23 the provisions of subsections (1) or (2) of this section.
STATEMENT OF PURPOSE
RS07748C1
The contents of written prescriptions are a confidential
communication between the doctor, patient and pharmacist.
This addition to the pharmacy act assures that prescription
information which specifically identifies an individual
patient retains its confidentiality unless certain conditions
are met. Approximately 65% of prescriptions are paid for
(partially or in total) by a third party. In order to file
the claim, it is necessary that the patients name and other
information be included in the transmittal of claim. Various
data collected from those paid claims is valuable to various
industries, health agencies and insurers. This legislation is
to ensure that the data collected be purged of all
information that specifically identifies an individual
patient prior to release of the information collected for
statistical purposes.
FISCAL NOTE
The legislation will not create any additional expenditure
by state or local governments.
CONTACT: "Mick" Markuson
334-2356
Senator "Moon" Wheeler
332-1409
STATEMENT OF PURPOSE/ FISCAL NOTE
Bill No S1406