The following is a list of related links and resources regarding prescribing data restrictions. If you have any questions regarding this information, please do not hesitate to contact our PDRP Experts at 610-265-9400 x300 or via our Request More PDRP Information page.

• AMA Position : State proposals to restrict disclosure of physician prescribing data. Click on the links to review the AMA’s promotional literature for PDRP or to learn about the AMA Therapeutic Insights e-CME. The latter is a quarterly online CME for a physician that also provides access to disease specific prescribing data.

• Arizona SB1518 : Prescription Confidentiality. The 2007 legislative session has adjourned, however the bill carries over into the 2008 session and can be reintroduced then.

• California A.B. 262 : The final amended version of California bill AB 262 was narrowly defeated in 2004.

• Illinois HB1459 : Prescription Data Privacy Act.

• Kansas SB229 : This is an act concerning prescription drugs and creating the Prescription Confidentiality Act. The 2007 legislative session has adjourned, however the bill carries over into the 2008 session and can be reintroduced then.

• Maine LD 4 : This bill was signed into law on June 29^th, 2007 and is effective January 1^st, 2008. This law amends the current law and prohibits the sale of prescription information that directly or indirectly identifies health care practitioners. This bill includes an Opt-Out provision for prescribers that can be designated when renewing their license. On August 29^th, 2007 prescription data collection firms (IMS Health, Wolters Kluwer Health Verispan) filed a lawsuit challenging Maine on 1^st and 14^th Amendment violations and asked the court to block the state from enforcing the law. On December 21^st, 2007 this bill was overturned by U.S. District Judge John Woodcock stating the law would prohibit "the transfer of truthful commercial information" and "violate the free speech guarantee of the first amendment".

• Maryland SB266 : The legislative session adjourned and the bill needs to be reintroduced as a new bill in 2008. This bill was a Prescription Privacy Act.

• Massachusetts HB2197 : Prescription Privacy Act. A public hearing is scheduled for October 4^th, 2007.

• Massachusetts SB1275 : Prescription Privacy Act (aggregates permitted). Public hearings were scheduled in Massachusetts for September 26^th, 2007.

• Massachusetts 105 C.M.R. 970.000 : Code of Conduct that includes Prescription Data Privacy via Opt-Out. Effective July 1^st, 2009. 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.

• New Hampshire Prescription Information Law : November 18^th, 2008 - In a landmark decision and the first of its kind in the nation, the US court of appeals ruled to uphold the New Hampshire Prescription Information Law, passed in June of 2006. This law significantly restricts access to the prescriber information used by most pharmaceutical companies for their sales and marketing efforts. The specific details can be found here.
  
  Beyond the direct implications of this law, this decision sets a precedence that may help clear the path for mounting legislation in other states. In addition, and of equally growing concern, is the burden that this will place on the resource constrained pharmaceutical company. The pharmaceutical industry must not only work on ensuring compliance across a broad and diversified set of legislative requirements, but also weather the negative impact it will have on selling and marketing costs as well as the anticipated reduction in revenues directly attributed to the lack of insight into the prescriber universe.

• New Hampshire H.B. 1346 : On April 30^th, 2007, Judge Barbadoro overturned this bill as a violation of the First Amendment and granted a permanent injunction (details of ruling). This bill was put into effect on June 30^th, 2006 and required certain persons to keep the contents of prescriptions confidential. On August 29^th, 2007, this bill was appealed to the First U.S. Circuit of Court of Appeals in Boston for unconstitutional free speech restrictions.

• Nevada SB 231 : This bill was voted down on April 23^th, 2007. The bill was intended to address the confidentiality of contents or prescriptions.

• North Carolina S159 : This is an act prohibiting the license, transfer, use, or sale of pharmacy prescription information for commercial purposes. The 2007 legislative session has adjourned, however the bill carries over into the 2008 session and can be reintroduced then.

• Rhode Island S0653 : Prescription Privacy Act. The 2007 Legislative session.

• Texas SB1620 : This bill died in committee on May 28^th, 2007. This was an act relating to confidentiality of prescription information; providing penalties. This bill was amended from a New Hampshire style bill to a bill that will create a committee to study how patient and prescriber data is used. The amended bill passed the Senate vote on May 3^rd, 2007 and is now in the House Subcommittee on Health.

• Vermont Act 80/Bill S.115 : This bill was signed into law on June 9^th, 2007 and is effective January 1^st, 2008. However, on September 27^th, 2007 the Vermont Attorney General released a statement stating they will not enforce this law until September 1^st, 2008. Subchapter 3 of the bill deals with prescription drug data confidentiality (Act 80/Bill S.115 specifics). On August 29^th, 2007 prescription data collection firms (IMS Health, Wolters Kluwer Health Verispan) filed a lawsuit challenging Vermont on 1^st and 14^th Amendment violations and asked the court to block the state from enforcing the law.

• Washington DC SafeRx Bill : On December 11^th, 2007 D.C. council proposed a bill that states pharmaceutical sales reps can no longer use prescribing data as a marketing tool unless the prescriber "opts in." It also requires the sales reps to be licensed by the D.C. board of Pharmacy, have a bachelors degree, and adhere to a code of ethics.

• Washington HB1850 : This is an act relating to prescription information. This bill was amended to allow for a Prescriber Opt-In Washington HB1850 Amendment. The 2007 legislative session has adjourned, however the bill carries over into the 2008 session and is automatically reintroduced without change.

• West Virginia SB434 : This bill proposes prohibition of dissemination of prescription data. The 2007 legislative session has adjourned, however the bill carries over into the 2008 session.