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Court strikes down law protecting doctors' prescription data.

Publication: Trial
Publication Date: 01-JUL-07 		Format: Online
Delivery: Immediate Online Access
Full Article Title: Court strikes down law protecting doctors' prescription data.(New Hampshire)

Article Excerpt
A federal court in New Hampshire recently held that a state law prohibiting data-mining companies from selling doctors' prescription-writing data to pharmaceutical companies violated the First Amendment. (IMS Health, Inc. v. Ayotte, 2007 WL 1244077 (D.N.H. Apr. 30, 2007).) The law went into effect in June 2006 and is the first of its kind.

Data-mining companies combine prescription data from pharmacies with data about doctors from the American Medical Association (AMA) and sell it to drug companies, which use it to tailor their marketing practices. Patient information is removed, but the drug companies can track all the prescriptions that a specific doctor writes and determine how much of a drug he or she is prescribing.

Through "detailing," a practice aimed at persuading doctors to prescribe...

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