Report Title:
Prescriptions; Confidentiality of Contents
Description:
Prohibits the sale or transfer of patient prescription information by certain businesses as an unfair and deceptive act in the conduct of trade or commerce (HB1873 HD1).
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1873 |
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TWENTY-THIRD LEGISLATURE, 2006 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to prescriptions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 329, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§329- Prescription information; confidentiality; penalty. Records relative to prescription information containing identifiable patient and prescriber data shall not be transferred or sold by any pharmacy benefits manager, insurance company, electronic transmission intermediary, or retail, mail order, or Internet pharmacy for any commercial purpose. In addition to other appropriate remedies under this chapter, a violation of this section is an unfair or deceptive act or practice within the meaning of section 480-2. Any right or remedy set forth in section 480-13 may be used to enforce the provisions of this section."
SECTION 2. Section 461-13, Hawaii Revised Statutes, is amended to read as follows:
"§461-13 Prescription [record.] records; confidentiality. (a) Records relative to prescription information containing identifiable patient and prescriber data shall not be transferred or sold by any pharmacy benefits manager, insurance company, electronic transmission intermediary, or retail, mail order, or Internet pharmacy for any commercial purpose. In addition to other appropriate remedies under this chapter, a violation of this section is an unfair or deceptive act or practice within the meaning of section 480-2. Any right or remedy set forth in section 480-13 may be used to enforce the provisions of this subsection.
(b) A pharmacy shall keep prescription records of each prescription compounded or dispensed at the pharmacy for a period of not less than five years. The prescription records shall at all times be open to inspection by the board of pharmacy and other law enforcement officers."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2050.