First Amendment scholar Laurence Tribe provides thoughts on use of prescription data:
From WLF Legal Backgrounder, December 11, 2009 - Vol. 24, No. 40 --
A constitutional flu has taken hold in New England, and it threatens to spread throughout the country. New Hampshire, Maine, and Vermont have each recently enacted laws generally making it a crime to transfer entirely truthful information about prescriptions with the purpose of promoting prescription drugs. The point of these laws is neither to prevent misleading drug advertising or labeling nor to protect patient privacy -- other rules prohibit deceptive or otherwise unfair promotional practices and keep patients' identities confidential.
From WLF Legal Backgrounder, December 11, 2009 - Vol. 24, No. 40 --
A constitutional flu has taken hold in New England, and it threatens to spread throughout the country. New Hampshire, Maine, and Vermont have each recently enacted laws generally making it a crime to transfer entirely truthful information about prescriptions with the purpose of promoting prescription drugs. The point of these laws is neither to prevent misleading drug advertising or labeling nor to protect patient privacy -- other rules prohibit deceptive or otherwise unfair promotional practices and keep patients' identities confidential.
Continue reading The Fatal First Amendment Flaw In Prescription Restraint Statutes.




