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Battle over physician prescribing moves to courtroom, while other states seek to legislate protection of prescribing data

While the battle over commercial use of physician prescribing information that began earlier this year in New Hampshire moves through the courts, other states are joining the fray. The outcome of these efforts could affect the ability of physician organizations to leverage control over prescribing information outside the framework of their contracts with managed care organizations. New Hampshire's Prescription Confidentiality Act, which took effect on July 1, 2006, was designed to protect the privacy of physician prescribing patterns and to insulate physicians from improper commercial solicitation, explains Robin Fisk, Esq., principal of the Fisk Law Office in Ashland, NH.