Today, in a 6-3 decision, the U.S. Supreme Court struck down a Vermont law restricting the sale, disclosure, and use of pharmacy records that reveal the prescribing practices of individual doctors. In so holding, the Supreme Court found that speech in aid of pharmaceutical marketing is a form of expression protected by the First
Prescriber-Identifiable Data
Supreme Court Grants Review of Second Circuit Medical Privacy Ruling
By Inside Privacy on
Posted in Health Privacy, Marketing
On January 7, 2010, the U.S. Supreme Court agreed to review a Court of Appeals decision striking down Vermont’s prescription confidentiality law. The State of Vermont had petitioned the Supreme Court to review the case on December 13, 2010, after the Second Circuit ruled that the law constituted an impermissible restriction on commercial speech under the…
Vermont Seeks Supreme Court Review of Second Circuit Medical Privacy Ruling
By Inside Privacy on
The State of Vermont is petitioning the Supreme Court to review a Court of Appeals decision holding that the State’s prescription confidentiality law is unconstitutional.
The law at issue prohibits regulated entities from selling or using records containing prescriber-identifiable information—i.e., information linking prescribers to prescriptions for particular drugs—for marketing or promoting prescription drugs, unless the…