A Maine law that would have limited access by medical datacompanies to doctors’ prescription information was reversed on constitutionalgrounds.
The law, scheduled to take effect Jan. 1, would prohibit“the transfer of truthful commercial information” and “violate the free speechguarantee,” US District Judge John Woodcock ruled. Researchers IMS Health,Wolters Kluwer Health and Verispan had challenged the law.
“We believe that restrictions on the dissemination ofinformation of crucial public interest are neither good healthcare policy norconsistent with our society’s core beliefs in the free flow of information,”IMS said in a statement issued after the ruling.
Judge Woodcock said he relied heavily on an earlier decisionoverturning a similar law in New Hampshire. In Vermont a similar case also ispending.
Maine’s law was one of several state measures designed toslow Rx drug costs.
Following the New Hampshire ruling, Maine legislatorsattempted to alter their law to avoid the First Amendment snag, using an “optout” provision to allow prescribers to prevent release of information. Butchallengers said the provision only increased the chances that the law would beused to shield poor prescribing practices.
State Rep. Sharon Treat told the Associated Press that sheanticipates an appeal.
From the February 01, 2008 Issue of MM+M - Medical Marketing and Media
