By using this site, you agree to the Privacy Policy and Terms of Use.
Accept
Health Works CollectiveHealth Works CollectiveHealth Works Collective
  • Health
    • Mental Health
  • Policy and Law
    • Global Healthcare
    • Medical Ethics
  • Medical Innovations
  • News
  • Wellness
  • Tech
Search
© 2023 HealthWorks Collective. All Rights Reserved.
Reading: Supreme Court: Can State Governments Dictate How Publicly Available Information Can Be Used?
Share
Notification Show More
Font ResizerAa
Health Works CollectiveHealth Works Collective
Font ResizerAa
Search
Follow US
  • About
  • Contact
  • Privacy
© 2023 HealthWorks Collective. All Rights Reserved.
Health Works Collective > Business > Supreme Court: Can State Governments Dictate How Publicly Available Information Can Be Used?
Business

Supreme Court: Can State Governments Dictate How Publicly Available Information Can Be Used?

JohnCGoodman
JohnCGoodman
Share
2 Min Read
SHARE

At issue: Doctors prescribing records:

The data has become more available because pharmacies, which are required by law to collect and maintain detailed files about each prescription filled, can sell records containing a doctor’s name and address, along with the amount of the drug prescribed, to data brokers.

The law:

gives doctors the right to consent before their prescribing information may be sold and used for marketing.

More Read

How Madison Avenue’s Medical TV Ads Fall Short
How to Extend a CAP Checklist for Increased Research Capabilities
Emergency Physicians Give Emergency Care in America a D+
Custom Publishing: Take Control of Your Brand
Observation Units: Bridging the Gap Between Inpatient and Outpatient

Some exceptions:

At issue: Doctors prescribing records:

The data has become more available because pharmacies, which are required by law to collect and maintain detailed files about each prescription filled, can sell records containing a doctor’s name and address, along with the amount of the drug prescribed, to data brokers.

The law:

gives doctors the right to consent before their prescribing information may be sold and used for marketing.

Some exceptions:

Vermont allows those records to be used in research and by law enforcement, said Thomas C. Goldstein, a lawyer representing IMS Health. Moreover, he said, drug makers are allowed to buy the very same records so they can identify doctors whose patients might be good candidates for clinical trials or communicate drug safety updates.

Some side effects:

such laws reduce the ability of drug makers to quickly communicate with specialists about new drugs for rare diseases, a situation that could make it prohibitive for, say, a small biotechnology company with a tiny sales force to market a breakthrough medication, said Randy Frankel, the vice president for external affairs at IMS Health.

The free speech issue:

But industry representatives contend that Vermont should not be allowed to cherry-pick certain approved uses for the records in question while restricting those that conflict with what the law’s opponents say is the state’s apparent agenda: promoting less expensive generic drugs in an effort to lower health care costs.

Full article on the drug marketing dilemma.

   

TAGGED:health care business
Share This Article
Facebook Copy Link Print
Share

Stay Connected

1.5kFollowersLike
4.5kFollowersFollow
2.8kFollowersPin
136kSubscribersSubscribe

Latest News

health wellbeing Safe Home Heating for Vulnerable Populations: Children, Seniors, and Patients
Safe Home Heating for Vulnerable Populations: Children, Seniors, and Patients
Health
November 8, 2025
file a police report after a car accident
Can Filing a Police Report Help with Medical Bills?
Policy & Law
November 2, 2025
Slips and falls can happen in the blink of an eye, often in spaces we believe to be safe. A brief moment of misstep
When a Simple Fall Becomes a Serious Health Concern
Health
November 1, 2025
How Setting Boundaries Helps Trauma Survivors Heal
Health
October 30, 2025

You Might also Like

BusinessGeriatrics

Hallmark Please Create Hospice Cards

February 11, 2013

Maybe Walmart Should Open a Hospital Instead

November 10, 2011

OCR HIPAA Audits Finally Kick Off – Do They Matter?

November 9, 2011

Why We Aren’t Ready for Patient-Centered Care

March 31, 2012
Subscribe
Subscribe to our newsletter to get our newest articles instantly!
Follow US
© 2008-2025 HealthWorks Collective. All Rights Reserved.
  • About
  • Contact
  • Privacy
Welcome Back!

Sign in to your account

Username or Email Address
Password

Lost your password?