California Senate approves sale of pharmacy records
Pharma Compliance Alert, June 4, 2008
In contrast to states that have tried and failed to ban data mining, California is now embracing the idea of open pharmacy records.
The California Senate passed a bill 21-16 that would allow pharmacies to sell patient prescription information to third-party businesses, according to a San Francisco Chronicle article. The bill still has to pass the State Assembly and be signed by Governor Arnold Schwarzenegger.
The bill is intended to provide pharmaceutical companies a way to encourage patients to take medication as prescribed and to call for refills. If the bill becomes law, it would allow pharmaceutical companies to mail any type of information directly to patients, including marketing.
According to the Chronicle article, critics say the bill violates patient privacy. That could turn into an important area for opponents to challenge the bill if it becomes law because California has one of the nation’s strongest medical privacy laws. Under the Confidentiality of Medical Information Act, direct mail marketing to patients by pharmaceutical firms is not permitted.
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