Attorney General Kelly A. Ayotte announced today that she will appeal a decision by the United States District Court, District of New Hampshire, that found a state law that protects physician prescription information from use in pharmaceutical companies marketing campaigns unconstitutional.

In 2006, the legislature passed the Prescription Information Law, which prohibited the use of prescriber information obtained from pharmacies for commercial purposes. This law effectively prohibited pharmaceutical marketers from obtaining each physician’s individual prescribing history, thereby targeting and tailoring the marketing message to that individual doctor. The Prescription Information Law was passed as a measure to protect physician privacy, protect the health and safety of New Hampshire patients, and contain the overall cost of health care in New Hampshire.

On April 30, 2007, the Court issued an order that struck down the Prescription Information Law, stating that the law unconstitutionally restricts protected speech.

Attorney General Ayotte said: “The State has a substantial interest in protecting the privacy of New Hampshire physicians, defending the sanctity of the doctor-patient relationship and reducing health care costs. Health care costs in the State of New Hampshire are skyrocketing. The Prescription Information Law protects the State’s interests and the interests of New Hampshire’s physicians and citizens, which strongly outweigh the pharmaceutical industry’s interest in increased profits.”

The Attorney General said that she will file an appeal of the Court’s decision with the First Circuit Court of Appeals in Boston.