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California Senate Approves Release of Prescriptions for Mail
Jun 3, 2008 2:35 AM , By Jim Emerson
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The California State Senate has approved a bill (SB 1096) that would allow pharmacies to release patient prescription information and other list data to marketing companies to send direct mail on behalf of pharmaceutical companies.

The legislation sponsored by state Sen. Ron S. Calderon (D) was approved May 29 and is now up for consideration in the state assembly.

It passed the state senate by a vote of 21 to 16, after a provision was added allowing consumers to opt out from receiving mailings, when they pick up prescriptions. An earlier version minus the opt-out provision was rejected.

In addition to allowing release of prescription information, it allows the release of the patient’s name, age, gender and health information, including conditions such as asthma, diabetes, cancer, cardiovascular disease, Parkinson’s Disease, schizophrenia and Attention Deficit Disorder, among others.

The state senate bill mandates that copy in mailings be limited to discussion about specific medical conditions and current prescriptions, without mentioning other pharmaceutical products.

Direct mail sent to consumers must instruct patients to contact healthcare professionals if they have any questions about prescription medication. The bill also requires that copies of mailings be submitted to the Federal Food and Drug Administration’s division of drug marketing, advertising and communication.



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