"NEW SECTION.  Sec. 1   A new section is added to chapter 69.41 RCW to read as follows:
     (1)(a) Except as provided in (b) of this subsection, health care information relating to prescription information that contains patient-identifiable and prescriber-identifiable data shall not be 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 the purposes of advertising, marketing, promotion, or any other activity, a significant purpose of which is to influence sales or market share of a pharmaceutical product.
     (b) A prescriber may authorize the transfer, use, or sale of his or her prescriber-identifiable data in writing, or electronically, if the prescriber has transmitted the authorization to an entity that (i) is involved in the transfer, sale, or use of prescriber-identifiable data, (ii) has designated an address, location, or system to which authorization may be transmitted electronically or in writing, and (iii) has established a process for prescribers to revoke their authorization in writing or electronically upon reasonable notice to the entity.
     (2) This section does not restrict the licensure, transfer, use, or sale of prescription information containing patient-identifiable and prescriber-identifiable information for the purposes of:
     (a) Pharmacy reimbursement;
     (b) Formulary compliance;
     (c) Care management related to the diagnosis, treatment, or management of illness for a specific patient;
     (d) Utilization review by a health care provider, the patient's insurance provider, or the agent of either provider;
     (e) Health care research including, but not limited to, postmarketing surveillance research, drug interaction research, drug safety studies, and population-based public health research;
     (f) Collection and analysis of prescription drug utilization data for health care quality improvement purposes, including development of evidence-based treatment guidelines or health care performance effectiveness and efficiency measures, promoting compliance with evidence-based treatment guidelines or health care performance measures, and providing prescribers with information that details their practices relative to their peers to encourage prescribing consistent with evidence-based practice;
     (g) Collection and dissemination of drug utilization data to promote transparency in evaluating performance related to the health care quality improvement measures included in (f) of this subsection;
     (h) The transfer of prescription drug utilization data to and through secure electronic health record or personal health record systems;
     (i) Communication with prescribers related specifically to drug recall notices, drug labeling changes, or other drug safety notices issued by the federal food and drug administration; or
     (j) As otherwise expressly provided by law.
     (3) This section does not prohibit:
     (a) The dispensing of prescription medications to a patient or to the patient's authorized representative; the transmission of prescription information between an authorized prescriber and a licensed pharmacy; the transfer of prescription information between licensed pharmacies; the transfer of prescription records that may occur if pharmacy ownership is changed or transferred; or 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
     (b) The collection, use, transfer, or sale of patient and prescriber deidentified data by zip code, geographic region, or medical specialty for commercial purposes.
     (4) In addition to other appropriate remedies under this chapter, the legislature finds that the practices covered by this section are matters vitally affecting the public interest for the purpose of applying chapter 19.86 RCW. A violation of this section is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying chapter 19.86 RCW."