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LEGISLATORS' TOOLBOX
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From the Director
This issue of the newsletter focuses on new developments in pharmaceutical marketing, and on privacy - both online and in your doctor's office.
A recent court decision upended the Vermont datamining law, despite two favorable appellate decisions in the neighboring 1st Circuit. Attorney Meredith Jacob discusses the legal issues below. Meredith also reports on developments in the wider world of online privacy (or not) - health websites that collect data without your knowledge. We also report on new developments in the world of ghostwriting - or rather, new information about practices that have been ongoing for some time. If you are a legislator or legislative staff, be sure to check our Legislator's Toolbox for model policies on datamining and reporting payments to medical providers. As always, we have a roundup of state news and we bring you a few of the many articles that report on Big Pharma - including spending on campaigns, some drug pricing proposals, and a new movie featuring drug detailers in love! Are you attending the NCSL Fall Forum this week? Be sure to stop by the presentation on trade policy and learn how trade agreements could limit states' authority to reduce drug costs. Also, SAVE THE DATE of January 21, 2011 for our next NLARx meeting, in Washington, D.C. We are still firming up the agenda so check our website for details. Remember that in addition to this biweekly newsletter, we share breaking news stories and interesting ideas through our Facebook page. And, feel free to call or email if you need more information. Sincerely,  |
Trade Policy Update at the NCSL Fall Forum December 9th, 2010
Can trade policy limit state options for controlling drug costs? Attend the NCSL workshop December 9 to find out.
Are you attending the NCSL Fall Forum? Don't miss the presentation on trade coming up later this week in Phoenix, Arizona. The presentation is on the agenda of the Labor & Economic Development Committee.
In the distant forum of World Trade Organization (WTO) negotiations, a complex proposal to achieve that would limit state options for negotiating drug costs through rebates has received little notice. If this proposal were to be considered in legislation, it would be controversial and unlikely to pass!
Join Robert Stumberg of the Harrison Institute for Public Law, Georgetown University at the NCSL Fall Forum in Phoenix, AZ for an overview of headline trade policy issues that are important to states including a briefing on the WTO's General Agreement on Trade in Services (GATS). |
Medical Ghostwriting Reaches New Lows: Entire Textbook Ghostwritten by Pharma Under Docs' Names
The New York Times first reported the story that a treatment manual "written" by two prominent psychiatrists where the content was actually under the control of the drugmaker SmithKline Beecham, now GSK. Funded by a $120,000 "unrestricted educational grant," questions are being raised about who actually wrote the textbook, and what underlying purposes the payments served.
Analysis of the textbook by psychiatrist Dr. Daniel Carlat characterized the entire book as "an advertisement for Paxil." He walks through the structure of the textbook, and highlighting departures from standard psychiatry texts used to highlight anxiety disorder and the use of Paxil to treat the condition.
At the blog Hooked Dr. Howard Brody offers another question. If the book only had limited distribution, what was SmithKline Beecham's motivation for the grant to Drs. Nemeroff and Schatzberg, and the payment to the medical communications company? He argues that the textbook was just one more way for pharma companies to legitimize payments to physicians.
An in-depth ProPublica article puts this latest textbook scandal into the context of newly revealed medical ghostwriting activity. The ProPublica article includes a insider's take on the ghostwriting industry: "In my experience, the pharmaceutical company would pay a communications/marketing company to write the manuscript, who would then go out and find academics who would be willing to become the "authors" of the manuscript and paid an honorarium. I've worked with some authors who do absolutely nothing on the manuscript, requiring an additional ghostwriter to be hired, and still demand an honorarium for their time. These academics are willing to enter into this relationship because of the importance of authorship to their careers. You can't entirely blame the pharma company. Universities encourage academics to play this game."
Related Articles:
Pharmalot: Ghostwriting: From Medical Journals To Entire Books
Project on Government Oversight: POGO Letter to NIH on Ghostwriting Academics |
Privacy vs Pharma Marketing: Where are the Boundaries?
In the world of pharmaceutical marketing, there's an insatiable drive for more data about doctors and patients. State efforts to protect patients focus on limiting the ways that pharmaceutical companies can gather and use information to market the most expensive brand name drugs.
Pharma's data-thirst has made the headlines twice recently:
On November 23, the New York Times reported on growing concerns that online health sites were gathering information about patient medical conditions and treatment choices and selling it to pharmaceutical companies for marketing purposes. The Center for Digital Democracy, U.S. PIRG, Consumer Watchdog and the World Privacy Forum, filed a complaint with the FTC, requesting an investigation of popular health-oriented web sites, including Google, HealthCentral, Everyday Health, WebMD and Sermo. Pharma Marketing blog included highlights from the complaint.
In a setback for patient centered care, the Second Circuit Court of Appeals held that Vermont's law restricting the use of physician's prescribing data for marketing purposes was an unconstitutional limitation on the pharmaceutical companies free speech rights. In this decision, the Second Circuit split with the First Circuit, which had previously upheld similar laws in Maine and Vermont. Healthbeat analyzes the decision, and discusses why it's a bad outcome for patients and health care professionals.
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