I
103D CONGRESS
1ST SESSION
H. R. 1497
To amend title 18, United States Code, to preserve personal privacy with
respect to information contained in prescription drug records.
IN THE HOUSE OF REPRESENTATIVES
MARCH 25, 1993
Mr. STARK introduced the following bill; which was referred to the Committee
on the Judiciary
A BILL
To amend title 18, United States Code, to preserve personal
privacy with respect to information contained in prescrip-
tion drug records.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Prescription Drug
Records Privacy Protection Act of 1993’’.
SEC. 2. WRONGFUL DISCLOSURE OF INFORMATION CON-
TAINED IN PRESCRIPTION DRUG RECORDS.
(a) IN GENERAL.—Chapter 121 of title 18, United
States Code, is amended—
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(1) by redesignating section 2711 as section
2712; and
(2) by inserting after section 2710 the following
new section:
‘‘§ 2711. Wrongful disclosure of information contained
in prescription drug records
‘‘(a) IN GENERAL.—Subject to subsection (b), a re-
tailer, physician, or administrator of a health benefit plan
who knowingly discloses, to any person, personally identifi-
able information contained in a prescription drug record
of an individual shall be liable to such individual for the
relief provided in subsection (c).
‘‘(b) EXCEPTIONS.—
‘‘(1) IN GENERAL.—A retailer, physician, or ad-
ministrator of a health benefit plan may disclose
personally identifiable information contained in a
prescription drug record of an individual—
‘‘(A) to the individual;
‘‘(B) to any person, with the informed,
written consent of the individual given at the
time the disclosure is sought;
‘‘(C) to a law enforcement agency pursuant
to a warrant issued under the Federal Rules of
Criminal Procedure, an equivalent State war-
rant, a grand jury subpoena, or a court order;
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‘‘(D) to a law enforcement agency or a
health care agency for the purpose of address-
ing illegal drug diversion or improving prescrib-
ing practices;
‘‘(E) pursuant to a court order, in a civil
proceeding upon a showing of compelling need
for the information that cannot be accommo-
dated by any other means, if—
‘‘(i) the individual is given reasonable
notice, by the person seeking the disclo-
sure, of the court proceeding relevant to
the issuance of the court order; and
‘‘(ii) the individual is afforded the op-
portunity to appear and contest the claim
of the person seeking the disclosure; or
‘‘(F) to any person involved in the admin-
istration and review of health care services pro-
vided to the individual.
‘‘(2) ADDITIONAL SAFEGUARDS.—
‘‘(A) ORDER ISSUED UNDER PARAGRAPH
(1)(C) OR (1)(E).—If an order is granted pursu-
ant to paragraph (1)(C) or (1)(E), the court
shall impose appropriate safeguards against un-
authorized disclosure.
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‘‘(B) COURT ORDER ISSUED UNDER PARA-
GRAPH (1)(C).—Court orders authorizing disclo-
sure under paragraph (1)(C) shall issue only
with prior notice to the individual and only if
the law enforcement agency shows that there is
probable cause to believe that the records or
other information sought are relevant to a le-
gitimate law enforcement inquiry. In the case of
a State government authority, such a court
order shall not issue if prohibited by the law of
such State. A court issuing an order pursuant
to this section, on a motion made promptly by
a retailer, physician, or administrator of a
health benefit plan, may quash or modify such
order if the information or records requested
are unreasonably voluminous in nature or if
compliance with such order otherwise would
cause an unreasonable burden on such retailer,
physician, or administrator of a health benefit
plan.
‘‘(c) CIVIL ACTION.—
‘‘(1) IN
GENERAL.—Any individual aggrieved
by any act of an individual in violation of subsection
(a) may bring a civil action in a district court of the
United States.
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tion of an individual which discloses the identity of
such individual.
‘‘(3) RETAILER.—The term ‘retailer’ means an
individual licensed by a State as a pharmacist to
compound, dispense, or sell any drug, chemical, poi-
son, or pharmaceutical preparation upon the pre-
scription of a physician, and or one who is engaged
in the business, in or affecting interstate or foreign
commerce, of providing pharmaceutical products and
services. Such term includes an individual providing
such services at a hospital.
‘‘(4) PHYSICIAN.—The term ‘physician’ means
an individual licensed by a State as a doctor of med-
icine, osteopathy, podiatry, dental surgery, or medi-
cal dentistry to practice medicine and surgery or
dentistry, and who is engaged in the business, in or
affecting interstate or foreign commerce, of provid-
ing health care services.
‘‘(5) PRESCRIPTION
DRUG.—The term ‘pre-
scription drug’ means a drug (as defined in section
201(g)(1) of the Federal Food, Drug, and Cosmetic
Act) (21 U.S.C. 321(g)(1)) which is subject to regu-
lation under section 503(b) of such Act.’’.
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(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 121 of title 18, United States
Code, is amended—
(1) in the item relating to section 2711, by
striking ‘‘2711’’ and inserting ‘‘2712’’; and
(2) by inserting after the item relating to 2710
the following new item:
‘‘2711. Wrongful disclosure of information contained in prescription drug
records.’’.
(c) EFFECTIVE DATE.—The amendments made by
this Act shall take effect on the 180th day following the
date of the enactment of this Act.
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