Includes all politicians who were in office at any point during the 2009-2010 Legislature.

AB 2112 - An Act to Add Part 2.7 (Commencing with Section 60) to Division 1 of the Civil Code, and to Amend Section 130202 of the Health and Safety Code, Relating to Privacy.

Prescription Record Privacy Act. 2009-2010 Legislature. View bill details
Author(s):
Summary:
The Confidentiality of Medical Information Act prohibits a provider of health care, a health care service plan, contractor, or corporation and its subsidiaries and affiliates from intentionally sharing, selling, using for marketing, or otherwise using any medical information, as defined, for any purpose not necessary to provide health care services to a patient, unless a specified exception… More
The Confidentiality of Medical Information Act prohibits a provider of health care, a health care service plan, contractor, or corporation and its subsidiaries and affiliates from intentionally sharing, selling, using for marketing, or otherwise using any medical information, as defined, for any purpose not necessary to provide health care services to a patient, unless a specified exception applies.

This bill would enact the Prescription Record Privacy Act, prohibiting a person or entity, including a pharmacist, from selling or releasing to a 3rd party any physician prescribing data for marketing purposes, as defined, except when the data is necessary for any local, state, or federal governmental or oversight activity, as provided, or is necessary for the processing of a health care claim. The bill also would permit the release of physician prescribing data to a licensed health care professional, service plan, contractor, or facility, as provided, a health insurer or disability insurer, or an authorized operator of a program related to the treatment of chronic and seriously debilitating or life-threatening conditions. The bill would also permit the release of data for clinical trials or established research projects, as provided. This bill would also require that any person that knowingly fails to comply with these provisions be subject to an administrative penalty of at least $10,000 and not more than $50,000 per violation.

This bill would authorize the Secretary of California Health and Human Services to adopt regulations to implement these provisions. This bill would require the office of the Attorney General to enforce payment of penalties for violations of these provisions, as provided. This bill would also authorize the Office of Health Information Integrity, upon receipt of a complaint of a violation of these provisions, to conduct an administrative hearing, in accordance with the administrative adjudication provisions set forth in the Administrative Procedure Act, and to assess an administrative fine against a person or entity found to have committed a violation of these provisions. Hide
 
Status:
The bill has been introduced. 
There have been no votes on this bill.

An Act to Add Part 2.7 (Commencing with Section 60) to Division 1 of the Civil Code, and to Amend Section 130202 of the Health and Safety Code, Relating to Privacy.

AB 2112 — 2009-2010 Legislature

Summary
The Confidentiality of Medical Information Act prohibits a provider of health care, a health care service plan, contractor, or corporation and its subsidiaries and affiliates from intentionally sharing, selling, using for marketing, or otherwise using any medical information, as defined, for any purpose not necessary to provide health care services to a patient, unless a specified exception applies.

This bill would enact the Prescription Record Privacy Act, prohibiting a person or entity, including a pharmacist, from selling or releasing to a 3rd party any physician prescribing data for marketing purposes, as defined, except when the data is necessary for any local, state, or federal governmental or oversight activity, as provided, or is necessary for the processing of a health care claim. The bill also would permit the release of physician prescribing data to a licensed health care professional, service plan, contractor, or facility, as provided, a health insurer or disability insurer, or an authorized operator of a program related to the treatment of chronic and seriously debilitating or life-threatening conditions. The bill would also permit the release of data for… More
The Confidentiality of Medical Information Act prohibits a provider of health care, a health care service plan, contractor, or corporation and its subsidiaries and affiliates from intentionally sharing, selling, using for marketing, or otherwise using any medical information, as defined, for any purpose not necessary to provide health care services to a patient, unless a specified exception applies.

This bill would enact the Prescription Record Privacy Act, prohibiting a person or entity, including a pharmacist, from selling or releasing to a 3rd party any physician prescribing data for marketing purposes, as defined, except when the data is necessary for any local, state, or federal governmental or oversight activity, as provided, or is necessary for the processing of a health care claim. The bill also would permit the release of physician prescribing data to a licensed health care professional, service plan, contractor, or facility, as provided, a health insurer or disability insurer, or an authorized operator of a program related to the treatment of chronic and seriously debilitating or life-threatening conditions. The bill would also permit the release of data for clinical trials or established research projects, as provided. This bill would also require that any person that knowingly fails to comply with these provisions be subject to an administrative penalty of at least $10,000 and not more than $50,000 per violation.

This bill would authorize the Secretary of California Health and Human Services to adopt regulations to implement these provisions. This bill would require the office of the Attorney General to enforce payment of penalties for violations of these provisions, as provided. This bill would also authorize the Office of Health Information Integrity, upon receipt of a complaint of a violation of these provisions, to conduct an administrative hearing, in accordance with the administrative adjudication provisions set forth in the Administrative Procedure Act, and to assess an administrative fine against a person or entity found to have committed a violation of these provisions. Hide
Learn More
At LegInfo.ca.gov
Title
An Act to Add Part 2.7 (Commencing with Section 60) to Division 1 of the Civil Code, and to Amend Section 130202 of the Health and Safety Code, Relating to Privacy.
Author(s)
Bill Monning
Co-Authors
    Subjects
    • Prescription Record Privacy Act
    Major Actions
    Introduced2/18/2010
    Referred to Committee
    Bill History

    There have been no votes on this bill.

    ActionDateDescription
    Introduced2/18/2010
    2/18/2010Read first time. To print.
    2/19/2010From printer. May be heard in committee March 21.
    3/11/2010Referred to Coms. on HEALTH and JUD.
    3/24/2010From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.
    3/25/2010Re-referred to Com. on HEALTH.
    4/06/2010In committee: Set, first hearing. Hearing canceled at the request of author.
    4/07/2010From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.
    4/08/2010Re-referred to Com. on HEALTH.
    4/13/2010In committee: Set, second hearing. Hearing canceled at the request of author.
    11/30/2010From committee without further action.

    Total contributions given to Assemblymembers from interest groups that…

    10 Organizations Supported and 6 Opposed; See Which Ones

    Organizations that took a position on
    An Act to Add Part 2.7 (Commencing with Section 60) to Division 1 of the Civil Code, and to Amend Section 130202 of the Health and Safety Code, Relating to Privacy.

    10 organizations supported this bill

    AARP
    Assembly Committee on Health (2010, April 7). Bill Analysis AB 2112 9-1-2010. Retrieved September 1, 2010, from Around the Capitol.
    American Civil Liberties Union
    Assembly Committee on Health (2010, April 7). Bill Analysis AB 2112 9-1-2010. Retrieved September 1, 2010, from Around the Capitol.
    American Federation of State, County and Municipal Employees
    Assembly Committee on Health (2010, April 7). Bill Analysis AB 2112 9-1-2010. Retrieved September 1, 2010, from Around the Capitol.
    American Society of Anesthesiologists
    Assembly Committee on Health (2010, April 7). Bill Analysis AB 2112 9-1-2010. Retrieved September 1, 2010, from Around the Capitol.
    California Academy of Family Physicians
    Assembly Committee on Health (2010, April 7). Bill Analysis AB 2112 9-1-2010. Retrieved September 1, 2010, from Around the Capitol.
    California Labor Federation
    Assembly Committee on Health (2010, April 7). Bill Analysis AB 2112 9-1-2010. Retrieved September 1, 2010, from Around the Capitol.
    California Medical Association
    Assembly Committee on Health (2010, April 7). Bill Analysis AB 2112 9-1-2010. Retrieved September 1, 2010, from Around the Capitol.
    Consumers Union
    Assembly Committee on Health (2010, April 7). Bill Analysis AB 2112 9-1-2010. Retrieved September 1, 2010, from Around the Capitol.
    Disability Rights California
    Assembly Committee on Health (2010, April 7). Bill Analysis AB 2112 9-1-2010. Retrieved September 1, 2010, from Around the Capitol.
    National Nurses United
    Assembly Committee on Health (2010, April 7). Bill Analysis AB 2112 9-1-2010. Retrieved September 1, 2010, from Around the Capitol.

    6 organizations opposed this bill

    Accredo Health Group
    Assembly Committee on Health (2010, April 7). Bill Analysis AB 2112 9-1-2010. Retrieved September 1, 2010, from Around the Capitol.
    Amgen
    Assembly Committee on Health (2010, April 7). Bill Analysis AB 2112 9-1-2010. Retrieved September 1, 2010, from Around the Capitol.
    AstraZeneca
    Assembly Committee on Health (2010, April 7). Bill Analysis AB 2112 9-1-2010. Retrieved September 1, 2010, from Around the Capitol.
    California Pharmacists Association
    Assembly Committee on Health (2010, April 7). Bill Analysis AB 2112 9-1-2010. Retrieved September 1, 2010, from Around the Capitol.
    California Retailers Association
    Assembly Committee on Health (2010, April 7). Bill Analysis AB 2112 9-1-2010. Retrieved September 1, 2010, from Around the Capitol.
    National Association of Chain Drug Stores
    Assembly Committee on Health (2010, April 7). Bill Analysis AB 2112 9-1-2010. Retrieved September 1, 2010, from Around the Capitol.

    Need proof?

    View citations of support and opposition

    Includes reported contributions to campaigns of Assemblymembers in office during the 2009-2010 California State Legislature, from interest groups invested in the vote according to MapLight, January 1, 2009 – December 31, 2010.
    Contributions data source: FollowTheMoney.org

    Contributions by Legislator

    Namesort iconPartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Anthony AdamsRCA-59$0$0
    Tom AmmianoDCA-13$28,600$0
    Joel AndersonRCA-77$24,825$15,500
    Juan ArambulaICA-31$0$0
    Karen BassDCA-47$49,600$7,000
    Jim BeallDCA-24$23,050$2,300
    Bill BerryhillRCA-26$9,200$3,500
    Tom BerryhillRCA-25$4,600$8,850
    Sam BlakesleeRCA-33$0$0
    Marty BlockDCA-78$53,000$7,000
    Bob BlumenfieldDCA-40$31,450$13,500
    Steven BradfordDCA-51$28,750$11,500
    Julia BrownleyDCA-41$20,000$1,000
    Joan BuchananDCA-15$74,834$1,750
    Anna CaballeroDCA-28$73,048$21,800
    Charles CalderonDCA-58$12,900$21,900
    Wilmer Amina CarterDCA-62$19,864$2,000
    Wesley ChesbroDCA-1$37,500$6,000
    Connie ConwayRCA-34$29,400$18,000
    Paul CookRCA-65$9,000$3,500
    Joe CotoDCA-23$0$0
    Mike DavisDCA-48$6,000$0
    Hector De La TorreDCA-50$81,801$11,000
    Kevin De LeonDCA-45$89,499$18,400
    Chuck DeVoreRCA-70$0$0
    Bill EmmersonRCA-63$600$8,650
    Mike EngDCA-49$56,260$12,150
    Noreen EvansDCA-7$44,020$4,500
    Mike FeuerDCA-42$18,700$1,500
    Nathan FletcherRCA-75$63,054$91,900
    Paul FongDCA-22$19,350$4,600
    Felipe FuentesDCA-39$34,600$64,615
    Jean FullerRCA-32$22,550$4,625
    Warren FurutaniDCA-55$110,000$6,500
    Ted GainesRCA-4$6,150$30,950
    Cathleen GalgianiDCA-17$15,024$32,551
    Martin GarrickRCA-74$25,616$35,150
    Danny GilmoreRCA-30$0$0
    Curt HagmanRCA-60$14,200$14,900
    Isadore HallDCA-52$47,473$38,694
    Diane HarkeyRCA-73$9,875$15,750
    Mary HayashiDCA-18$67,858$64,825
    Ed HernandezDCA-57$56,049$64,000
    Jerry HillDCA-19$36,100$61,450
    Alyson HuberDCA-10$48,017$6,500
    Jared HuffmanDCA-6$41,700$7,400
    Kevin JeffriesRCA-66$4,500$1,000
    Dave JonesDCA-9$405,374$52,900
    Steve KnightRCA-36$7,900$10,800
    Ted LieuDCA-53$93,340$3,133
    Dan LogueRCA-3$5,600$3,000
    Bonnie LowenthalDCA-54$52,050$6,250
    Fiona MaDCA-12$27,450$47,100
    Tony MendozaDCA-56$71,055$26,890
    Jeff MillerRCA-71$4,500$4,250
    Bill MonningDCA-27$39,700$16,750
    Pedro NavaDCA-35$24,950$10,367
    Brian NestandeRCA-64$8,800$10,650
    Roger NielloRCA-5$5,500$30,300
    Jim NielsenRCA-2$8,500$17,300
    Chris NorbyRCA-72$1,000$1,000
    John PerezDCA-46$119,650$74,034
    Manuel PerezDCA-80$70,345$23,750
    Anthony PortantinoDCA-44$61,050$31,317
    Ira RuskinDCA-21$0$0
    Mary SalasDCA-79$63,512$14,886
    Lori SaldanaDCA-76$0$0
    Jim SilvaRCA-67$4,800$9,000
    Nancy SkinnerDCA-14$58,250$33,534
    Cameron SmythRCA-38$14,400$22,550
    Jose SolorioDCA-69$31,150$52,150
    Audra StricklandRCA-37$0$0
    Sandre SwansonDCA-16$151,378$14,850
    Tom TorlaksonDCA-11$213,050$5,900
    Norma TorresDCA-61$44,550$15,250
    Alberto TorricoDCA-20$19,594$8,500
    Van TranRCA-68$0$0
    Mike VillinesRCA-29$20,800$38,200
    Mariko YamadaDCA-8$22,317$3,900

    Add Data Filters:

    Legislator Filters
    Legislator Filters
    Show All
    NamePartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Anthony AdamsRCA-59$0$0
    Tom AmmianoDCA-13$28,600$0
    Joel AndersonRCA-77$24,825$15,500
    Juan ArambulaICA-31$0$0
    Karen BassDCA-47$49,600$7,000
    Jim BeallDCA-24$23,050$2,300
    Bill BerryhillRCA-26$9,200$3,500
    Tom BerryhillRCA-25$4,600$8,850
    Sam BlakesleeRCA-33$0$0
    Marty BlockDCA-78$53,000$7,000
    Bob BlumenfieldDCA-40$31,450$13,500
    Steven BradfordDCA-51$28,750$11,500
    Julia BrownleyDCA-41$20,000$1,000
    Joan BuchananDCA-15$74,834$1,750
    Anna CaballeroDCA-28$73,048$21,800
    Charles CalderonDCA-58$12,900$21,900
    Wilmer Amina CarterDCA-62$19,864$2,000
    Wesley ChesbroDCA-1$37,500$6,000
    Connie ConwayRCA-34$29,400$18,000
    Paul CookRCA-65$9,000$3,500
    Joe CotoDCA-23$0$0
    Mike DavisDCA-48$6,000$0
    Hector De La TorreDCA-50$81,801$11,000
    Kevin De LeonDCA-45$89,499$18,400
    Chuck DeVoreRCA-70$0$0
    Bill EmmersonRCA-63$600$8,650
    Mike EngDCA-49$56,260$12,150
    Noreen EvansDCA-7$44,020$4,500
    Mike FeuerDCA-42$18,700$1,500
    Nathan FletcherRCA-75$63,054$91,900
    Paul FongDCA-22$19,350$4,600
    Felipe FuentesDCA-39$34,600$64,615
    Jean FullerRCA-32$22,550$4,625
    Warren FurutaniDCA-55$110,000$6,500
    Ted GainesRCA-4$6,150$30,950
    Cathleen GalgianiDCA-17$15,024$32,551
    Martin GarrickRCA-74$25,616$35,150
    Danny GilmoreRCA-30$0$0
    Curt HagmanRCA-60$14,200$14,900
    Isadore HallDCA-52$47,473$38,694
    Diane HarkeyRCA-73$9,875$15,750
    Mary HayashiDCA-18$67,858$64,825
    Ed HernandezDCA-57$56,049$64,000
    Jerry HillDCA-19$36,100$61,450
    Alyson HuberDCA-10$48,017$6,500
    Jared HuffmanDCA-6$41,700$7,400
    Kevin JeffriesRCA-66$4,500$1,000
    Dave JonesDCA-9$405,374$52,900
    Steve KnightRCA-36$7,900$10,800
    Ted LieuDCA-53$93,340$3,133
    Dan LogueRCA-3$5,600$3,000
    Bonnie LowenthalDCA-54$52,050$6,250
    Fiona MaDCA-12$27,450$47,100
    Tony MendozaDCA-56$71,055$26,890
    Jeff MillerRCA-71$4,500$4,250
    Bill MonningDCA-27$39,700$16,750
    Pedro NavaDCA-35$24,950$10,367
    Brian NestandeRCA-64$8,800$10,650
    Roger NielloRCA-5$5,500$30,300
    Jim NielsenRCA-2$8,500$17,300
    Chris NorbyRCA-72$1,000$1,000
    John PerezDCA-46$119,650$74,034
    Manuel PerezDCA-80$70,345$23,750
    Anthony PortantinoDCA-44$61,050$31,317
    Ira RuskinDCA-21$0$0
    Mary SalasDCA-79$63,512$14,886
    Lori SaldanaDCA-76$0$0
    Jim SilvaRCA-67$4,800$9,000
    Nancy SkinnerDCA-14$58,250$33,534
    Cameron SmythRCA-38$14,400$22,550
    Jose SolorioDCA-69$31,150$52,150
    Audra StricklandRCA-37$0$0
    Sandre SwansonDCA-16$151,378$14,850
    Tom TorlaksonDCA-11$213,050$5,900
    Norma TorresDCA-61$44,550$15,250
    Alberto TorricoDCA-20$19,594$8,500
    Van TranRCA-68$0$0
    Mike VillinesRCA-29$20,800$38,200
    Mariko YamadaDCA-8$22,317$3,900

    Interest Groups that supported this bill

    $ Donated
    State & local government employee unions$1,484,966
    Physicians$609,168
    Health worker unions$479,803
    Other physician specialists$325,509
    Labor unions$190,115
    Democratic-based groups (but not official party committees) and generic liberal/progressive ones$9,620
    Consumer groups$0
    Elderly issues & Social Security$0
    Human rights$0

    Interest Groups that opposed this bill

    $ Donated
    Pharmaceutical manufacturing$782,304
    Drug stores$207,710
    Biotech products & research$161,300
    Pharmacists$80,950
    Health care products$62,768
    Retail trade$40,188
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