1998 Legislation
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SENATE BILL NO. 1406, As Amended – Prescriptions, confidentiality

SENATE BILL NO. 1406, As Amended

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Daily Data Tracking History



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

Bill Text


S1406


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                                      IN 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 / Fiscal Impact


    





                           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