Physician Information Law Struck Down. A New Hampshire law intended to prevent medical device companies from receiving information about physicians’ prescribing practices has been struck down. Briefly stated, certain information firms develop and sell data that shows the prescribing habits of physicians regarding pharmaceuticals and medical devices. This information is often bought by pharmaceutical companies and medical device companies so they can plan the targeting of their marketing. Due to invasion of privacy concerns and due to other concerns that this may allow overly aggressive targeting of marketing efforts, certain states have enacted laws that prohibit the sale of this type of information. These laws are being struck down on first amendment and other Constitutional grounds. A recent law of such type was struck down in both Maine and New Hampshire.
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