A US district judge has reportedly overturned a new Maine state law that confines medical data companies' access to doctors' prescription information. The judge concluded that the law, which is scheduled to take effect January 1, 2008, will make illegal 'the transfer of truthful commercial information' and 'violate the free speech guarantee of the First Amendment.'
Firms such as Wolters Kluwer Health, IMS Health and Verispan had challenged the law on constitutional grounds. These companies reportedly collect, analyse and sell medical data to pharmaceutical companies for use in their marketing programmes.
In his 42-page decision, the judge said that he relied heavily on an April 30 ruling by US District Judge Paul Barbadoro in New Hampshire that overturned a similar law in that state. A similar case is pending in Vermont. The Maine law is one of several passed by the Legislature to address high healthcare and prescription drug costs. The same was modified after the New Hampshire ruling to avoid constitutional flaws.
Under an 'opt out' provision, drug prescribers were permitted to prevent release of information that identifies them. But the companies challenging the law said that provision only made things worse by increasing the danger that the law would be used to safeguard poor prescribing practices.
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