Profession
Vt. doctors will have to "opt-in" for drugmakers to use data
NEWS IN BRIEF — Posted July 16, 2007
Vermont Gov. Jim Douglas last month signed into law a measure that restricts drugmakers from using physician-identified prescribing data for marketing purposes unless the doctor has opted into a state-run program.
Prescribing data still may be used for noncommercial research purposes, regardless of whether physicians use the opt-in provision.
Supporters of the new law, including the Vermont Medical Society, hope the opt-in system will help the legislation avoid the fate of New Hampshire's outright ban on commercial data-mining, which a federal court found unconstitutional on free-speech grounds. IMS Health, a data-mining firm that was the lead plaintiff in the New Hampshire case, has promised a legal challenge to any state passing similar prescribing data legislation.
The new law, which goes into effect Jan. 1, 2008, also requires drug detailers to give physicians factual information about the risks and benefits of their firm's drugs compared with competitors' drugs. Doctors in all states can keep their data out of drug reps' hands by enrolling in the AMA's Physician Data Restriction Program, which is available online (link).
Note: This item originally appeared at http://www.ama-assn.org/amednews/2007/07/16/prbf0716.htm.
