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Government News
Published Online: 18 October 2002

Senator Vows to Restrain Pharmacy Marketing Scheme

Publication: Psychiatric News
Volume 37, Number 20
https://doi.org/10.1176/pn.37.20.0009a
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Sen. Bill Nelson (D-Fla.) introduced legislation earlier this month that would plug a major loophole in the final privacy rule issued in August (Psychiatric News, September 6).
The recently issued rule permits pharmacies to receive payment from pharmaceutical companies to recommend to patients that they switch from one medication to another. The rule does not require that pharmacies notify patients about the arrangement or obtain consent to use their names.
Draft regulations issued by the Clinton administration prohibited pharmaceutical companies from paying pharmacies to advertise their products to potential customers, but those regulations were weakened by the Bush administration.
The Health Records Confidentiality Act of 2002 would not permit health care providers, pharmacies, employers, and other entities to use patient information for marketing unless that health care entity “provides clear and conspicuous notice to the patient concerning its disclosure practices” and obtains the patient’s written consent specifically for marketing.
APA President Paul Appelbaum, M.D., told Psychiatric News, “Restoring a patient-consent requirement before medical information could be used for marketing would be a helpful step in correcting one of the inadequacies of the recently issued medical privacy rules. But it would be even more helpful to extend such a requirement to the major uses of medical information, thereby giving back to patients some of the rights of which they were deprived by the federal regulations.”
According to information on Nelson’s Web site, http://billnelson.senate.gov, the privacy rule is viewed as part of a “disturbing trend by regulators and lawmakers to allow businesses to sell or use information about anyone who doesn’t specifically object.”
In July, for example, according to the Web site, the Federal Communications Commission issued “consumer-protection rules” that will allow telephone companies to sell customer records with few obstacles.
A draft of the bill, S 3064, is posted on the Web at http://billnelson.senate.gov/news.cfm?ot=082602_draftleg_hlth. ▪

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Psychiatric News
Volume 37 • Number 20 • October 18, 2002
Pages: 9

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Published online: 18 October 2002
Published in print: October 18, 2002

Notes

A Florida senator introduces legislation that would block pharmacies from marketing to patients without their consent.

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