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Laws Restricting Data Mining of
Physician Prescribing Records
Outline
• State Governments’ View of Data Mining
• Other Views on Physician Prescribing Information
• How Will Pharmaceutical Companies Adapt in the Future?
State Governments’
View of Data Mining
Since 2006, there has been a movement in the Northeast to
attempt to restrict access to physician prescribing information
J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D
June 2006: New
Hampshire
prescribing law
is passed
June 2007:
Vermont governor
signs bill into
effect that limits
prescribing
information
November 2008:
Federal appeals
court overturns
lower court ruling
on New
Hampshire law
August 2007: IMS files
lawsuit against Vermont
August 2010:
Federal appeals
court upholds
constitutionality of
Maine law
April 2007: New
Hampshire law
restricting
prescribing
information is
overruled
June 2007: Maine law signed
into effect January 2008
December 2007: Maine
court rules that law violates
free speech
May 2009:
Vermont law
upheld in
court
J F M A M J J A S O N D
2006 20082007 2009 2010J F M A M J J A S O N D
Reasons why states believe restricting prescribing
information is important
Sales force may negatively influence the way physicians practice
medicine
Third-party access to prescribing data endangers the privacy of doctors
Help stop “harassing sales practices” and “restrain undue influence”
1.
2.
3.
4.
5.
Data Mining
Generic Branded
costs
costs
State governments hope to reduce healthcare costs by restricting
physician prescribing information
Maine law may provide example for other states
• Maine’s goal is to reduce
healthcare costs
• Doctors can choose whether or
not to release their information
– Currently, 265 doctors have chosen
not to release their prescribing
information
• Federal appeals panel upheld
the constitutionality of the law
• Similar New Hampshire law was
upheld last summer
20 additional states are now considering similar laws
Other states have created laws to protect the prescribing
information of physicians
New
Hampshire
Maine
Vermont
Other Views on
Physician Prescribing
Information
Physician prescribing information offers many benefits to
physicians and consumersInnovation
Samples and Lifesaving
Medication
Safety InformationNews Alerts
Monitoring Off-label Use
Reduced Costs
Data Mining
Data mining companies aim to reduce healthcare costs and use the
information to benefit physicians and patients
Targeted Sales Force
Some physicians feel data mining is helpful and useful
“Information can be presented to
me about products that are no
longer the best option for my
patients.”
“I can receive more samples
that will benefit my patients.”
“Sales representatives can provide
me with information about products
that are relevant to my practice and
patients.”
“I’m able to receive
safety information and
news alerts about the
products that pertain to
me and my patients.”
Other physicians feel they need to be protected from
data mining
“Sales reps intrude on
my practice armed with
personal information.”
“My prescribing habits are
between me and my patient.”
“They pressure me into
writing branded scripts.”
“It intrudes on the way I practice
medicine.”
How Will Pharmaceutical Companies
Adapt in the Future?
Pharmaceutical companies must find new ways to target
physicians
Sales Call
Low Tech
High Tech
PhysiciansPrescriptions
Data Mining
Sales Reps
E-detailing
Pharmaceutical companies will have to adapt to data mining laws
Restricting physician prescribing information will affect the
way pharmaceutical companies advertise
0
5,000,000
10,000,000
GE IM FM RHU PG
Scri
pts
Specialty
Top 5 Prescribers of Anti-inflammatory products
Data Mining
Segmentation
Concept
It will be harder for pharmaceutical companies to research and develop
campaigns to target physicians without access to their prescribing information
Campaigns
Sales Force
Pharmaceutical
Company
Summary
Summary
• State governments want to reduce healthcare costs by restricting
access to physician prescribing records
• Many physicians are unaware that their prescribing information is
available, and those who do know are divided in their opinions
• Data mining companies believe physician prescribing records reduce
healthcare costs and benefit physicians in numerous ways
• If more states limit data mining, pharmaceutical companies will have
to adapt to either high-tech or low-tech methods
• The way pharmaceutical companies advertise will be affected
If you’d like to find out more or have some interesting
insight into this evolving topic to share, please contact –
Mike Myers
President, Palio
Sources
Sources
• United States District Court, District of New Hampshire: Plaintiffs’
Statement of Facts in Support of Trial Memorandum
• Health Blog: Should Doc’s Prescribing Habits Be for Sale?
– <blogs.wsj.com/health>
• Bloomberg Business Week: The Fight Over Drug Data Mining
• http://pn.psychiatryonline.org/content/44/11/3.1.full
• http://www.firstamendmentcoalition.org/2010/08/1st-circuit-maine-
can-restrict-prescription-info/
• http://www.asi-solutions.com/getpage_pdr.asp?contentid=108
• http://www.cohealthcom.org/
