Tuesday, New Hampshire’s first-in-the-nation law banning the sale of
data on physician prescribing habits to drug industry marketers was
upheld
by a federal appeals court. The legislation and subsequent court
ruling dealt a significant blow to the drug industry and its
heavy-handed marketing tactics. The 2006 New Hampshire
law,
sponsored by Rep. Cindy Rosenwald, will protect the privacy of
physicians and their patients by banning data-mining - the process by
which the drug industry uses, or mines, the prescribing habits of
providers to inform direct-to-provider marketing. As Rep. Rosenwald
stated
in a press release, the "decision unanimously recognizes that States
have the right to protect the prescriber-patient relationship and
patient safety, and to try to reduce the cost of pharmaceuticals.”
Maine and Vermont passed similar laws which have been held up by
litigation, but will now move forward.