IMS, SDI request a rehearing on NH data ban

Share this article:
Supreme Court shrugs at NH data ban
Supreme Court shrugs at NH data ban

A motion to challenge New Hampshire's law banning the commercial use of prescriber-identifiable data has been filed by research companies IMS Health and SDI. The move represents round three in the battle to repeal the ban, a violation of free commercial speech, according to the companies involved.

After a US district court sided with the two companies and awarded an injunction against the ban in May 2007, the US Court of Appeals for the First Circuit overturned that decision in November. SDI and IMS Health are arguing that a ban on prescriber-identifiable data – information that identifies physicians and other healthcare providers for marketing purposes – constitutes a violation of the First Amendment. 

“We strongly believe the First Amendment protects the full dissemination of prescriber-identifiable data, which is vital to efforts to improve the quality, efficiency and safety of our healthcare system. Further, we agree with prior decisions that without these data the potential exists to compromise patient care,” the companies said in a joint statement that also announced “a strong basis for a rehearing.”

SDI and IMS Health's request for a rehearing will be closely monitored by other research firms, and may instigate challenges to similar bans in Vermont and Maine, and pending bans in a dozen other states. The Vermont ban, unlike the New Hampshire law, allows a prescriber to "opt in," or give consent to the use of his identity. In Maine, a prescriber can "opt out" of having his identity used for marketing purposes.

Share this article:

Email Newsletters

More in News

House bill would speed approval once EU OKs same product

House bill would speed approval once EU OKs ...

The Speeding Access to Already Approved Pharmaceuticals Act of 2014 would require FDA to expedite the review of pharmaceuticals that are already approved by the European Union

Rep access continues to shrink

Rep access continues to shrink

Sales reps are experiencing even more limited physician access, according to a report by Chicago consultancy ZS Associates.

Allergan touts reorg, plans to lay off 13% of workforce

Allergan touts reorg, plans to lay off 13% ...

Allergan's second-quarter earnings, and a new round of cuts, are now part of the Botox maker's record as it seeks to remain independent.