| Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
| Health Care & Wellness Committee | |
SSB 6241
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
Brief Description: Prohibiting the sale or use of prescriber-identifiable prescription data for commercial or marketing purposes.
Sponsors: Senate Committee on Health & Long-Term Care (originally sponsored by Senators Fairley, Pflug, Kohl-Welles, Kline and Franklin).
Brief Summary of Substitute Bill |
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Hearing Date: 2/25/08
Staff: Dave Knutson (786-7146).
Background:
Health care information companies purchase electronic records of prescriptions from pharmacies
and other sources and link them with information about doctors that are licensed from the
Physician Masterfile of the American Medical Association (AMA). The Physician Masterfile
contains information on virtually every physician in the United States, including physicians who
do not belong to the AMA. This information can then be sold to pharmaceutical companies who
may use it to target individual physicians using their personal prescribing patterns. In 2005 the
AMA received $44.5 million from sales of physician prescription information from the Physician
Masterfile. The AMA recently began a prescribing data restriction program which allows
physicians to prevent their prescribing data from being released to pharmaceutical companies
through an opt-out process.
Summary of Bill:
No person shall knowingly sell, disclose, or use regulated records that include prescriber
identifiable information to market or promote a prescription drug. A pharmaceutical marketer
that violates this prohibition is subject to a fine of up to $50,000 per violation. A violation of
this prohibition is also considered an unfair or deceptive act in trade or commerce and an unfair
method of competition for the purpose of applying the Consumer Protection Act. Records held
by an agency administering a state purchased health care program that contain prescription
information containing prescriber-identifiable data that can identify a prescriber, are exempt
from disclosure under the Public Records Act.
Appropriation: None.
Fiscal Note: Available for SB 6241 and SSB 6241.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.