Maine data mining law struck down
Pharma Compliance Alert, January 9, 2008
A federal judge in Maine struck down a law that would have allowed physicians to keep their prescribing habits secret.
U.S. District Judge John Woodcock ruled the new state law "operates by making illegal the transfer of truthful commercial information for particular uses and disclosures." He added the law violates the free speech guarantee of the First Amendment.
IMS Health of Norwalk, CT, Wolters Kluwer Health of Conshohocken, PA, and Verispan of Yardley, PA, challenged the law claiming the statute was unconstitutional, citing violations of the First and 14th amendments. The law was slated to go into effect on January 1.
A similar law in New Hampshire was also ruled unconstitutional in April 2007. In his ruling, Judge Woodcock said he relied heavily on that decision when rendering his opinion on the Maine law. A similar case is pending in Vermont.
Click here to read Judge Woodcock's ruling.
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