Allowing Pharmacies to Divulge Your Private Medical Records so Drug Companies Can Market You in California? Floor Vote Tomorrow

[courtesy of California Progress Report]

By Elizabeth (Betsy) Imholz
Director of Special Projects
Consumers Union

[Editor’s note: SB 1096 (Calderon) will be voted on by the California Senate tomorrow, the deadline for passage. It failed 17-17 last Thursday, but was granted reconsideration, amended, and is being heavily lobbied by the pharmaceutical industry and opposed by consumer groups.]

This bill would promote direct-to-consumer advertising which has been shown to be counterproductive for consumer well being; interfere with the doctor-patient relationship; undermine patient trust of pharmacists; and confuse rather than enlighten health care consumers about the safest medical care. Consumers Union opposes this bill because it would:

Increase confusing direct-to-consumer drug ads, changing the role of the pharmacist from independent professional to pharmaceutical company agent. Studies have shown pharmacists to be the most trusted source of information on quality and costs of prescription drugs, and pharmaceutical companies the least trusted source. Consumer confidence in pharmacists is essential to patients trust in the information they provide on possible side effects of prescribed drugs, appropriate dosage, and potential drug interactions.

Allow pharmacies to divulge patient health information to third parties without the patient’s consent. Pharmacies would transfer the information to undefined “authorized persons” having a written agreement with the pharmacy. The burden to stop this transfer of information is on the patient to “opt-out.” Opt-outs are notoriously ineffective, and in any event may happen only after the consumer’s personal information has been sold. Protecting patient privacy warrants making this an “opt-in” arrangement instead.

Allow drug companies to decide what drug effectiveness information is provided to patients. Drug effectiveness is a complex determination which should be undertaken by academic institutions free from commercial influence. High quality, studies on drug efficacy and evidence-based medicine free from commercial influence are critically important to ensure the best possible, unbiased, scientific information is offered to doctors and consumers. The bill states that “evidence-based or consensus based” practice guidelines shall be the basis of any information provided to patients, but there is no uniform definition or assurance that these will be free from drug company influence.