Supreme Court Overrules Prescription Law

The United States Supreme Court recently ruled that states may not prohibit use of information about physician health-care practices in marketing medicines.

The Court’s decision in Sorrell v. IMS Health holds that a Vermont statute violates the First Amendment by banning the voluntary exchange of information on a matter of public importance—improperly restricting the rights of others from using information about physicians’ prescribing practices. Existing laws in Maine and New Hampshire may also be declared unconstitutional or repealed in light of this decision.

In the 6-3 decision rejecting the Vermont law, the majority stated: “The First Amendment directs us to be especially skeptical of regulations that seek to keep people in the dark for what the government perceives to be their own good." Further the majority writes that the “free flow of commercial speech…has great relevance in the fields of medicine and public health where information can save lives.”

“Today’s ruling is clear and unmistakable, these types of laws violate the Constitution and do nothing to improve health care, reduce costs or protect privacy as proponents had claimed,” said Harvey Ashman, IMS Health senior vice president and general counsel. “Transparency is vitally important to advancing health care. The availability of information on physicians' prescription practices enables communications about new medicines, best practices and safety updates. This information is essential to improved patient care and safety.”

“We are pleased with today’s decision. Patients have a critical interest in ensuring that their doctors are fully informed about all current treatment options that could save or meaningfully improve their lives. This decision helps get cutting-edge information to physicians, and helps advance the research and development of new breakthroughs,” said Sharon Terry, president and CEO of Genetic Alliance, a nonprofit health-advocacy organization networking more than 10,000 disease-specific advocacy organizations and health-care entities.

Information about physicians' prescription practices for improving patient care, cost management and health outcomes is used by virtually all health-care stakeholders, including hospitals, payers, government agencies, bio-pharmaceutical manufacturers and researchers. Critical uses of this information include studying prescribing trends, monitoring the safety of new medicines, and supporting safety-oriented, risk-management programs.

IMS Health was joined in the suit by SDI and Source Healthcare Analytics (a subsidiary of Wolters Kluwer Pharma Solutions), and the Pharmaceutical Research and Manufacturers of America. They were supported by patient groups, researchers, two former secretaries of the Department of Health and Human Services, and more than 50 key health-care stakeholders and researchers who filed 16 amicus briefs with the Court.

imsfreespeech.org

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