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December 28, 2007

Judge: Maine medical data law "unconstitutional"

Three companies that collect, analyze and sell medical data have won their case against a new state law that would have made Maine physicians' written prescriptions private.

Judge John Woodcock ruled Dec. 21 in the U.S. District Court that the law, scheduled to take effect Jan. 1, would have constituted an "unconstitutional abridgement" of the first amendment guaranteeing free speech, according to a press release. While Woodcock's preliminary injunction blocks the enforcement of the law, a final ruling will be reached later.

The Maine Legislature adopted an amendment to Maine's Prescription Privacy Law in June that was designed to control drug costs and prevent companies from tailoring their marketing based on physicians' prescription data. But IMS Health of Norwalk, Conn., Wolters Kluwer Health of Conshohocken, Pa., and Verispan of Yardley, Pa., said the provision only increased the chances that poor prescribing practices would be shielded.

State Rep. Sharon Treat (D-Hallowell) told the Associated Press she anticipates an appeal.

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