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PDRP has permanently changed how Prescribing Rx Data is used
Following are prescribing data restriction programs and proposals that limit the way prescriber Rx data can be used:
American Medical Association Program:
This allows physicians to prevent their prescribing information from being made
available to pharmaceutical sales representatives and first line managers.
Physicians enroll in the program through the AMA’s web site to block the flow
of the information.
(click for more details)
This law was passed by the General Assembly's Public Health Committee by a vote of 17-14 with recommendation for Senate approval. Included in SB270 are requirements that pharmaceutical companies develop conduct codes with systems to ensure compliance and that they comply with provider requests to not make their data available to sales reps.
If approved by the Senate, compliance would be required by 07/01/2011.
Pharma Opposes Bill To Limit Perks For Doctors: Pfizer Employees Turn Out In Hartford Against Measure To Require Reporting Of Gifts.
This decision by the First Circuit Court of Appeals overturns a lower court’s preliminary injunction on the basis of free speech against the Maine prescriber-data restriction law. The order is now reversed and the law enjoined, however, a petition for re-hearing has been filed.
This law went into effect on July 1st , 2009. It requires pharmaceutical manufacturers to give health care practioners the opportunity to have their data withheld from sales representatives and also for the purposes of marketing.
The three key issues regarding this legislation are:
- Impacts all prescriptions written for Massachusetts health care practioners that opt-out regardless of where they are filled.
- Unlike AMA PDRP, this impacts all prescribers, not just physicians.
- Unlike AMA PDRP, provides health care practioners with the ability to block the use of prescription data for marketing purposes.
This law was overturned on April 30th, 2007 by Judge Barbadoro as a violation of the First Amendment, however there are plans to appeal. This law prohibited the sale of prescription information containing patient-identifiable and prescriber-identifiable data for any commercial purposes and only permitted the sale of aggregates at the ZIP Code, Geographic Region or Medical Specialty Levels.
Two key issues regarding this legislation are:
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It doesn’t just impact New Hampshire prescribers (e.g., cross state Rx filling)
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Unlike AMA PDRP, this impacts all prescribers, not just physicians
New Jersey Proposal:
This Report recommends strict controls on the use of physician prescription information. The Report recommends that BME regulations be amended to provide that all doctors be notified when renewing their licenses of their right to opt out of having information about their prescribing sold by pharmacies to healthcare information organizations. In addition, the Report recommends that the New Jersey Board of Pharmacy regulations be amended to require pharmacies to maintain documentation confirming that prescribers have consented to the sale of their prescribing information. The Report also recommends the enactment of legislation to restrict the transfer, use or sale of prescriber-identifiable prescription information for commercial purposes.
New York Proposal:
Section 279 of this report describes specific requirements on pharmaceutical companies that obtain prescriber data. For instance, pharmaceutical companies that obtain prescriber data from HCPs are required to:
- comply with all applicable laws and regulations to maintain the confidential nature of the data;
- develop written policies regarding the use of the prescriber data;
- educate its employees on such policies;
- designate an internal person to handle inquiries regarding the data; and
- identify appropriate disciplinary action for misuse of the data. Further, if a HCP requests that his/her prescriber data not be available for sales and marketing purposes, the pharmaceutical company must abide by the request.
This law prohibits the sale of prescription information containing prescriber-identifiable data for any commercial purposes EXCEPT for those prescribers who have opted-in to the state program which allows their data to be shared.
The three key issues regarding this legislation are:
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It doesn’t just impact Vermont prescribers (e.g., cross state Rx filling).
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Unlike AMA PDRP, this impacts all prescribers, not just physicians.
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Permits the sale of aggregate data as long as there is NO reasonable basis to believe that the data provided can be used to identify an individual prescriber.
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