Posted by Jean Silver-Isenstadt, MD, PhD, NPA Executive Director April 27, 2011 at 7:00 AM
On April 26, the U.S. Supreme Court heard arguments in a case that tests the rights of government to regulate the sale of personal prescriber records for marketing purposes. The National Physicians Alliance has joined an amicus brief in this case, on the side of physician privacy, championed by Vermont. The VT law under attack by data mining companies requires physicians to opt-in to the sale of their prescription records, rather than have this transaction take place without their consent or knowledge. At issue is whether a state may prohibit the buying, selling, and profiling of doctors’ prescription records for use by pharmaceutical sales representatives, or whether this is an infringement of free speech.