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<b>Online Exclusive:</b> New Hampshire Medical Privacy Law Challenged

By ALM Staff | Law Journal Newsletters |
August 03, 2006

IMS Health Inc. and Verispan LLC filed a lawsuit in U.S. District Court, seeking a stay of New Hampshire's new privacy law. The law, which went into effect on June 30, bans the collection, distribution, and sale of individual doctors' prescription information by pharmaceutical companies or their agents. It affects only prescriptions written by physicians, not by other medical professionals such as nurse practitioners.

Details on which medicines a doctor prescribes, and to which types of patients, and for which purposes, is widely collected today. Companies such as IMS Health and Verispan are consultants to pharmaceutical manufacturers, which use the information to identify usage trends and possible new uses of drugs.

'The language of health care is data,' said Randolph Frankel, IMS vice president of public affairs, in a press statement. 'It's really the way in which scientists and people in medicine understand the nuances, the probabilities, the impacts of what they do.'

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