An Act Protecting the Confidentiality of Prescription Information
Maine Legislature, Session 123, LD 0838
Committee: Health and Human Services
Sponsors: TREAT, CAMPBELL, SCHNEIDER, BRAUTIGAM, FAIRCLOTH, HINCK, JOY, PENDLETON, PERRY, PRIEST, RAND
Amends: 22 MRSA §1711-E

Legislative Document 
No. 838 
H.P.637 
House of Representatives, February 23, 2007 
An Act Protecting the Confidentiality of Prescription Information 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative TREAT of Farmingdale. 
1J1~ 
frl.71u:~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representative CAMPBELL of Newfield, Senator SCHNEIDER of Penobscot 
and Representatives: BRAUTIGAM of Falmouth, FAIRCLOTH of Bangor, HINCK of 
Portland, JOY of Crystal, PENDLETON of Scarborough, PERRY of Calais, PRIEST of 
Brunswick, RAND of Portland. 
Printed on recyc led paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §1711-E, as enacted by PL 2005, c. 589, §1, is amended to 
read: 
§1711-E. Confidentiality of prescription drug information 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. 
"Carrier" has the same meaning as in Title 24-A, section 4301-A, subsection 3. 
A-I. 
"Administrator" has the same meaning as in Title 24-A, section 1901, 
subsection 1. 
A-2. "Commercial purpose" means advertising, marketing, promoting or engaging in 
any similar activity for the purpose of influencing sales or the market share of a 
prescription drug, influencing or increasing the prescribing behavior of a prescriber, 
marketing prescription drugs to individuals or improving the effectiveness of a 
professional prescription drug detailing sales force. 
A-3. 
"Detailing" means, with respect to prescription drugs, one-to-one contact 
undertaken to increase prescribing of a prescription drug identified with the person 
7 
making the contact. 
B. 
"Electronic transmission intermediary" means an entity that provides the 
infrastructure that connects the computer systems or other electronic devices used by 
and between health care practitioners, prescribers, pharmacies, health care facilities 
aHd, pharmacy benefit managers te, carriers and administrators and agents and 
contractors of those earriers aAd ageAts persons and entities in order to facilitate the 
secure transmission of an individual's prescription drug order, refill, authorization 
request, claim, payment or other prescription drug information. 
C. 
"Health care facility" has the same meanings as in section 1711-C, subsection 1, 
paragraph D. 
D. 
"Health care practitioner" has the same meanings as in section 1711-C, 
subsection 1, paragraph F. 
E. 
"Health plan" means a health plan providing prescription drug coverage as 
authorized under the federal Medicare Prescription Drug, Improvement and 
Modernization Act of 2003, Public Law 108-173. 
F. 
"Individual" means a natural person who is the subject of prescription drug 
information. 
F -1. "Pharmacy" means a licensed mail order prescription pharmacy as defined in 
Title 32, section 13702, subsection 13 or a licensed drug outlet as defined in Title 32, 
section 13 702, subsection 10. 
G. 
"Pharmacy benefits manager" has the same meaning as in section 2699, 
subsection 1, paragraph F. 
I 
G-I. "Prescriber" means a person who is licensed, registered or otherwise authorized 
in the appropriate jurisdiction to prescribe and administer drugs in the course of 
professional practice. 
H. "Prescription drug information" means information concerning prescription drugs 
as defined in Title 32, section 13702, subsection 24 and includes prescription drug 
orders as defined in Title 32, section 13702, subsection 25. 
I. 
"Prescription drug information intermediary" means a person or entity that 
communicates, facilitates or participates in the exchange of prescription drug 
information regarding an individual or a prescriber. "Prescription drug information 
intermediary" includes, but is not limited to, a pharmacy benefits manager, a health 
II 
plan, an administrator and an electronic transmission intermediary. 
J. "Regulated transaction" means a transaction for a prescription for a drug that is 
written by a prescriber within the State or that is dispensed within the State. 
2. 
Confidentiality of health care information. A With regard to a regulated 
transaction, a prescriber, carrier, pharmacy or prescription drug information intermediary 
may not license, use, sell, transfer or exchange for value, for any commercial purpose, 
prescription drug information that identifies directly or indirectly the individual exeept if 
or the prescriber unless the regulated transaction is expressly permitted under seetion 
1711 C, Title 24, Title 24 A or the federal Health lnsuranee Portabili1)' and 
Aeeountabili1)' Aet of 1996, Pub lie Law 104 191, as amended allowed under subsection 
4. 
3. Enforcement. A violation of this section is a violation of the Maine Unfair Trade 
Practices Act. 
4. Regulated transactions that are allowed. The following regulated transactions 
are allowed and are not subject to the prohibitions ofthis section: 
A. 
Transfers of prescription drug information, including identification of the 
individual and prescriber, as required under the Controlled Substances Prescription 
Monitoring Program under section 7248; 
B. 
The dispensing of prescription drugs to an individual or the individual's 
authorized representative, the transmission of prescription drug information between 
1 
a prescriber and a pharmacy or other health care practitioner caring for the individual 
and the transfer of prescription information between pharmacies; 
C. The transfer of prescription records that may occur when a pharmacy's ownership 
is changed or transferred; 
D. Care management educational communications provided to an individual about 
the individual's health condition or adherence to a prescribed course of therapy or 
other information relating to the drug being dispensed, treatment options or clinical 
trials; 
E. Transfers for the limited purpose of pharmacy reimbursement, prescription drug 
formulary or prior authorization compliance, patient care management, utilization 
review or health care research or transfers that are required by law; and 
I 
F. The collection, use, transfer or sale of prescription drug information that does not 
and cannot be used to directly or indirectly identify the individual or the prescriber. 
SUMMARY 
This bill extends the privacy of prescription drug information from individuals to 
prescribers and clarifies that privacy applies to certain regulated transactions. In addition 
it extends the law to cover transfers of information by pharmacies and administrators for 
health plans. The bill provides exceptions for transfers related to dispensing prescription 
drugs, patient care, pharmacy reimbursement, utilization review, formulary and prior 
authorization compliance, care management, changes in pharmacy ownership, the 
Controlled Substances Prescription Monitoring Program and data that cannot be used to 
II 
identify the individual or the provider. It removes the exception for disclosures expressly 
permitted by the Maine Revised Statutes, Title 22, section 171 I-C; Title 24; Title 24-A; 
and the federal Health Insurance Portability and Accountability Act.