Full access
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
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. ▪

Information & Authors

Information

Published In

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

History

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.

Authors

Metrics & Citations

Metrics

Citations

Export Citations

If you have the appropriate software installed, you can download article citation data to the citation manager of your choice. Simply select your manager software from the list below and click Download.

For more information or tips please see 'Downloading to a citation manager' in the Help menu.

Format
Citation style
Style
Copy to clipboard
Tips for downloading citations

There are no citations for this item

View Options

View options

Get Access

Login options

Already a subscriber? Access your subscription through your login credentials or your institution for full access to this article.

Personal login Institutional Login Open Athens login

Not a subscriber?

Subscribe Now / Learn More

PsychiatryOnline subscription options offer access to the DSM-5-TR® library, books, journals, CME, and patient resources. This all-in-one virtual library provides psychiatrists and mental health professionals with key resources for diagnosis, treatment, research, and professional development.

Need more help? PsychiatryOnline Customer Service may be reached by emailing [email protected] or by calling 800-368-5777 (in the U.S.) or 703-907-7322 (outside the U.S.).

Media

Figures

Other

Tables

Share

Share

Share article link

Share

×

As described within the American Psychiatric Association (APA)'s Privacy Policy and Terms of Use, this website utilizes cookies, including for the purpose of offering an optimal online experience and services tailored to your preferences. Please read the entire Privacy Policy and Terms of Use. By closing this message, browsing this website, continuing the navigation, or otherwise continuing to use the APA's websites, you confirm that you understand and accept the terms of the Privacy Policy and Terms of Use, including the utilization of cookies.