Vermont S.115

Vermont Act 80/Bill S.115 was signed into law on June 9^th, 2007 and restricts the use of prescriber identifiable prescription data by pharmaceutical organizations as follows:

Effective Date: January 1^th, 2008

Scope of Prescription Data Privacy

1. Affects all prescriptions that are dispensed in Vermont, regardless of where they are written (See Regulated Records definition in (b) (9) of S.115).
2. Prescriber identifiable prescription data CANNOT be sold EXCEPT for those prescriber who have opted-in to the state program which allows their data to be shared. The state will establish an opt-in program that will be managed through license applications or renewals and may establish rules for the opt-in program.
3. The state will provide a list of opt-in prescribers that must be reviewed at a minimum of every 6 months (See (c) (1) of S.115).
4. Aggregate level data can be sold as long as there is no reasonable basis to believe that the data provided can be used to identify an individual prescriber (See (e) (7) of S.115).

Penalties for Violations

1. Violation of the Requirements or Rules – administrative penalty of no more than $1,000 per violation (may be increased to not more than $10,000 at commissioner’s discretion).
2. Violation of the Confidentiality Requirements or Rules – administrative penalty of no more than $50,000 per violation.