CONCORD, N.H. -- The state will appeal this week's federal court ruling that struck down New Hampshire's first-in-the-nation law that makes doctors' prescription-writing habits confidential.
Drug companies use the prescription information to target particular doctors and tailor sales pitches to each one, a practice known as 'detailing.'
In announcing her intent Thursday to appeal the ruling, state Attorney General Kelly Ayotte said the law protects physician prescription information from being used for marketing, thereby protecting doctor-patient relationships and the health and safety of patients while also helping containing health care costs.
'The Prescription Information Law protects the state's interests and the interests of New Hampshire's physicians and citizens, which strongly outweigh the pharmaceutical industry's interest in increased profits,' she said.
The law has been on the books since June 30, 2006. It made New Hampshire the first state to try to block pharmaceutical companies' hard-sell pitches by restricting access to information that identifies doctors and other prescribers.
I am sympathetic to the law's stated objectives, and have always been somewhat dubious about the foundations of commercial/corporate free speech. Sounds like an interesting case on appeal.
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