I 
109TH CONGRESS 
2D SESSION 
H. R. 5945 
To amend title XI of the Social Security Act to protect the privacy of 
drug prescriber information. 
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. 
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 Privacy 
Protection Act of 2006’’. 
SEC. 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: 
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‘‘PRIVACY OF PRESCRIBER INFORMATION 
‘‘SEC. 1180. (a) IN GENERAL.—A drug manufac-
turer (as defined for purposes of section 1927) may not, 
directly or indirectly, use prescriber identifiable health in-
formation for commercial purposes. 
‘‘(b) PENALTY.—Any manufacturer that violates sub-
section (a) shall be fined not more than $50,000, or im-
prisoned 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, pro-
motion, or any activity that could be used to in-
fluence sales or market share of a pharma-
ceutical product or to influence or evaluate the 
prescribing behavior of a prescriber. 
‘‘(B) EXCLUSION.—Such term does not in-
clude— 
‘‘(i) pharmacy reimbursement; 
‘‘(ii) formulary compliance; 
‘‘(iii) care management; 
‘‘(iv) utilization review by a provider 
or supplier, an individual’s insurance pro-
vider, or the agent of either; or 
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‘‘(v) health care research, including 
clinical research and health services re-
search. 
‘‘(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 IN-
FORMATION.—The 
term 
‘prescriber 
identifiable 
health information’ means health information relat-
ing 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 rea-
sonable 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. 
Æ 
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