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

April 27, 2011
35 Views

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:

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.

   

You may be interested

Can Natural Remedies Like RediCalm Decrease Stress and Anxiety?
Wellness
2 views
Wellness
2 views

Can Natural Remedies Like RediCalm Decrease Stress and Anxiety?

Ryan Kh - August 16, 2017

According to research from the National Institute of Mental Health, anxiety disorders are the most common mental illness in the…

How to Alleviate Stress Related Insomnia
Specialties
400 views
Specialties
400 views

How to Alleviate Stress Related Insomnia

JohnHenning - August 15, 2017

Do you have difficulty falling asleep or staying asleep every night? You aren't alone. According to multiple studies, including one…

4 Hormones That Play a Critical Role in Your Well being
Wellness
437 views
Wellness
437 views

4 Hormones That Play a Critical Role in Your Well being

Erica - August 15, 2017

Hormonal health and wellbeing have received plenty of attention lately, both from the medical community as well as from health-conscious…