In a 6-3 vote, the Supreme Court struck down a Vermont law that restricted drug manufacturers and data mining companies from selling and using physicians' prescription information for marketing purposes, according to a Burlington Free Press report.
The majority stated the Vermont law violated the First Amendment's protection of free speech by targeting particular speakers and specific information, the report said. Justice Anthony Kennedy wrote in the opinion that "the state may not burden the speech of others in order to tilt public debate in a preferred direction."
Dissenting Justices said too high of a regard was placed on commercial speech while the state law raised concerns regarding public health and rising medical costs, the report said.
The original 2007 Vermont law revolved around data mining companies, such as IMS Health, that buy prescription records from pharmacists and then sell the information to drug manufacturers. The data do not include patient names but do include physician's name and the strength of drugs prescribed, the report said.
Supporters of the law said it impedes drug company sales representatives from using the information to target physicians for expensive drugs, while Mr. Kennedy noted the information is vital and relevant and can also be used for research.
Read the Burlington Free Press report on the Supreme Court decision on the Vermont law prohibiting drug data mining.
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The majority stated the Vermont law violated the First Amendment's protection of free speech by targeting particular speakers and specific information, the report said. Justice Anthony Kennedy wrote in the opinion that "the state may not burden the speech of others in order to tilt public debate in a preferred direction."
Dissenting Justices said too high of a regard was placed on commercial speech while the state law raised concerns regarding public health and rising medical costs, the report said.
The original 2007 Vermont law revolved around data mining companies, such as IMS Health, that buy prescription records from pharmacists and then sell the information to drug manufacturers. The data do not include patient names but do include physician's name and the strength of drugs prescribed, the report said.
Supporters of the law said it impedes drug company sales representatives from using the information to target physicians for expensive drugs, while Mr. Kennedy noted the information is vital and relevant and can also be used for research.
Read the Burlington Free Press report on the Supreme Court decision on the Vermont law prohibiting drug data mining.
Related Articles on Data Mining:
Supreme Court to Hear Case Over Prescription Data Mining
Physicians, Data Mining Companies Battle in Lawsuit Over Prescription Confidentiality
HHS Proposes Paying States to Data-Mine for Medicaid Fraud