True to their word, New Hampshire officials say they will appeal this week’s federal court ruling that struck down the state’s first-in-the-nation law that would makes a doctor’s prescription habits confidential.

State attorney general Kelly Ayotte says the law protects prescription information from being used for marketing, thereby protecting doctor-patient relationships and the health and safety of patients while also helping containing health care costs.

“The Prescription Information Law protects the state’s interests and the interests of New Hampshire’s physicians and citizens, which strongly outweigh the pharmaceutical industry’s interest in increased profits,” she argues.

The law has been on the books since June 30, 2006, and it made New Hampshire the first state to try to block drugmakers from gaining access to information that identifies doctors and other prescribers. For those who haven’t followed this, drugmakers want this data so they can learn which docs are high prescribers and figure out who to target for the hard sell.

Two research firms, also known as data miners, IMS Health and Verispan, challenged the law and called it unconstitutional. They received backing not only from industry, but also free-speech advocates. Consumer and patient groups lined up behind the state, citing patient privacy and a need to lower health costs.

U.S. District Judge Paul Barbadoro agreed in his 54-page ruling. He said the law “attempts to address important public policy concerns,” but when states “adopt speech restrictions as their method, courts must subject their efforts to closer scrutiny.” The law “cannot be enforced to the extent that it purports to restrict the transfer or use of prescriber-identifiable data.”

IMS Heath had this to say in a statement” We are confident the opinion will be upheld by the First Circuit. The Judge’s ruling in this matter is comprehensive, well reasoned and based solidly on existing law. Importantly, it upholds the country’s tradition of protecting free speech and the free flow of truthful information.”

Source: Associated Press

[tags]IMS Health, Patient Privacy, Verispan[/tags]