Commercial Pharmaceutcail Data Mining Ban

Pharmaceutical Data Mining Ban (HF 491 and SF 1044)

This legislation prohibits Pharmaceutical companies from buying doctors’ prescribing records and using the information to target their marketing to individual doctors. Use of prescriber data for marketing often leads to biased and inaccurate information about health risks, and encourages the prescribing of new drugs that might be riskier to patients than already established treatments

Background:

The use of this information for marketing purposes is a key factor in the skyrocketing costs of prescription drugs and the increased usage of expensive brand-name medicines. In addition the doctor-patient relationship is compromised.

Prescriber-identifiable data however is permitted for non-commercial purposes such as health care research, formulary compliance and utilization reviews by providers, insurers and pharmacy benefit managers; and law enforcement.

Significant support for the bill came from Minnesota Medical Association, The National Physicians Alliance, several health plans, Hennepin County Medical Faculty, and a former Pharmaceutical detail person.

2009 Status:

Pharmaceutical Data Mining: was introduced in both the House (H.F. 491 Rep. Tina Liebling) and Senate (S.F. 1044 – Senator John Doll) in 2009 and passed their respective Health Policy Committees. Neither bill was able to get its next hearing before the House Commerce and Labor Committee and the Senate Business Industry and Job Committee before the 2009 Committee deadlines for action.

Of note: Since these 2009 hearings similar Data Mining Legislation that had passed in Vermont was upheld by the Federal District Appeals Court. The landmark New Hampshire Data Mining Act was appealed by industry but upheld by the First District Appeals Court and subsequently the US Supreme Court has indicted it will not hear the case. The New Hampshire Data Mining Act is now being implemented. 

2010 UPDATE: 

January 25, 2010 Hearing: Testimony at Joint Interim Hearing: House Commerce and Labor Committee (Rep Joe Atkins, chair) and Senate Business, Industry & Jobs Committee (Senator Jim Metzen, Chair) on Monday, January 25, 2010. 

Peter Wyckoff, Director of the Minnesota Prescription Coalition
Stephen W. Schondelmeyer, Pharm.D., Ph.D., PRIME Institute, University of Minnesota
Rep. Cindy Rosenwald, Chair of the NH Senate Health Committee
Chris McCoy, MD 

• House: The Bill is scheduled to be heard in the House Commerce and Labor Committee (Rep Joe Atkin, Chair) in March 2010 in conjunction with the other two MPC Initiatives
• Senate: Senator Doll has asked for a hearing before the Senate Business ,Industry and Job Committee in March 2010.