Judge Overturns Maine Law on Rx Data
Posted on: Saturday, 22 December 2007, 15:00 CST
BANGOR, Maine - A federal judge has ruled that a new Maine law making doctors' prescription-writing habits confidential violates the Constitution.
U.S. District Judge John Woodcock concluded that the law, which was scheduled to take effect Jan. 1, would prohibit "the transfer of truthful commercial information" and "violate the free speech guarantee of the First Amendment."
The law had been challenged by IMS Health of Norwalk, Conn., Wolters Kluwer Health of Conshohocken, Pa., and Verispan of Yardley, Pa., which collect, analyze and sell medical data to pharmaceutical companies, government agencies and researchers.
The companies said the law would prevent the health care community from monitoring the safety of new drugs. Backers of the measure say it is one of several new laws passed by Maine legislators that aim to address high health care and prescription drug costs.
In a 42-page decision issued Friday, Woodcock said he relied heavily on an April 30 ruling by U.S. District Judge Paul Barbadoro in New Hampshire that shot down a similar law in that state. A similar case is also pending in Vermont.
The primary sponsor of Maine's legislation, Democratic Rep. Sharon Treat, said she was disappointed with the ruling and anticipates an appeal.
Source: Associated Press/AP Online
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