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"NH prescription privacy law upheld"

"NH prescription privacy law upheld": The Associated Press provides a report that begins, "A federal appeals court on Tuesday upheld the constitutionality of New Hampshire's first-in-the-nation law that restricts drug company access to some information about doctors' prescription writing habits. The ruling by the 1st U.S. Circuit Court of Appeals in Boston overturns a lower court decision that said the confidentiality law unconstitutionally infringed on free speech."

Senior Circuit Judge Bruce M. Selya's majority opinion begins:

The spiraling cost of brand-name prescription drugs is a matter of great concern to government at every level. New Hampshire has attempted to curb this escalating problem by enacting innovative legislation. Certain affected companies have challenged New Hampshire's legislative response, and that challenge raises important constitutional questions that lie at the intersection of free speech and cyberspace.

You can access today's lengthy ruling by a partially divided three-judge First Circuit panel at this link.

Full post as published by How Appealing on November 18, 2008 (boomark / email).