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Volume 360:747-749 February 19, 2009 Number 8
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Commercial versus Social Goals of Tracking What Doctors Do
David Grande, M.D., M.P.A., and David A. Asch, M.D., M.B.A.

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On November 18, 2008, the U.S. Court of Appeals for the First Circuit upheld the constitutionality of a New Hampshire statute that was the first in the nation to restrict the sale of physicians' prescribing data for commercial marketing purposes.1,2 The District Court of New Hampshire had previously overturned the statute on the grounds that it unnecessarily restricted speech. Writing on behalf of the circuit court, Judge Bruce Selya stated that the statute "regulates conduct, and to the extent that the challenged portions impinge at all upon speech, that speech is of scant social value." Moreover, he reasoned that the . . . [Full Text of this Article]


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Dr. Grande is an assistant professor of medicine at the School of Medicine and a senior fellow at the Leonard Davis Institute of Health Economics at the University of Pennsylvania, Philadelphia. Dr. Asch is a professor of medicine and health care management and economics and executive director of the Leonard Davis Institute of Health Economics at the University of Pennsylvania and codirector of the Center for Health Equity Research and Promotion at the Philadelphia Veterans Affairs Medical Center — both in Philadelphia.


Related Letters:

Prescribing Records and the First Amendment
Sullivan L. W., Post R.
Extract | Full Text | PDF  
N Engl J Med 2009; 361:209-210, Jul 9, 2009. Correspondence

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