109 HR 5945 IH: To amend title XI of the Social Security Act to protect U.S. House of Representatives 2006-07-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 109th CONGRESS 2d Session H. R. 5945 IN THE HOUSE OF REPRESENTATIVES July 27, 2006 Mr. Pallone (for himself and Mr. Stark) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XI of the Social Security Act to protect the privacy of drug prescriber information.

1.

Short title

This Act may be cited as the Prescription Privacy Protection Act of 2006.

2.

Protection of privacy of drug prescriber information

(a)

In general

Title XI of the Social Security Act is amended by adding at the end the following new section:

1180.

Privacy of prescriber information

(a)

In general

A drug manufacturer (as defined for purposes of section 1927) may not, directly or indirectly, use prescriber identifiable health information for commercial purposes. (b)

Penalty

Any manufacturer that violates subsection (a) shall be fined not more than $50,000, or imprisoned not more than one year, or both, for each such violation. (c)

Definitions

For purposes of this section: (1)

Commercial purposes

(A)

In general

The term commercial purposes includes advertising, marketing, promotion, or any activity that could be used to influence sales or market share of a pharmaceutical product or to influence or evaluate the prescribing behavior of a prescriber. (B)

Exclusion

Such term does not include— (i)pharmacy reimbursement; (ii)formulary compliance; (iii)care management; (iv)utilization review by a provider or supplier, an individual’s insurance provider, or the agent of either; or (v)health care research, including clinical research and health services research. (2)

Prescriber

The term prescriber means a physician or other health care practitioner that is authorized under State law to prescribe a prescription drug or biological. (3)

Prescriber identifiable health information

The term prescriber identifiable health information means health information relating to a prescription drug or biological which— (A)identifies the prescriber of the drug or biological; or (B)with respect to which there is a reasonable basis to believe that the information can be used to identify such prescriber. (4)

Prescription drug or biological

The term prescription drug or biological means a drug or biological that may be dispensed only upon prescription.

. (b)

Effective date

The amendment made by subsection (a) shall take effect on a date, specified by the Secretary of Health and Human Services, that is not later than one year after the date of the enactment of this Act.