Data-Mining Laws' Ups and Downs
The following timeline lists key events in the life cycle of data-mining legislation developed in Maine, New Hampshire, and Vermont—the three states that have enacted laws to restrict the practice:
June 2006: New Hampshire passes its Prescription Information Law.
April 2007: U.S. District Court rules New Hampshire data-mining law in violation of free speech.
June 2007: Maine passes its Prescription Restraint Law; Vermont passes its Prescription Confidentiality Law.
December 2007: U.S. District Court issues a preliminary injunction putting the Maine data-mining law on hold.
November 2008: 1st U.S. Circuit Court of Appeals overturns District Court's decision on the New Hampshire law (Psychiatric News, December 19, 2008).
April 2009: U.S. District Court upholds the Vermont data-mining law (Psychiatric News, June 5, 2009).
June 2009: 2nd U.S. Circuit Court of Appeals declines a stay of Vermont's law; U.S. Supreme Court declines to review the New Hampshire law (Psychiatric News, August 7, 2009).
August 2010: 1st U.S. Circuit Court of Appeals upholds the Maine law (Psychiatric News, September 3, 2010).
November 2010: 2nd U.S. Circuit Court of Appeals rules the Vermont law in violation of free-speech rights (Psychiatric News, January 7).
January 2011: Supreme Court agrees to review Vermont law (Psychiatric News, February 4).
June 2011: Supreme Court rules Vermont law unconstitutional and orders a reassessment of the Maine law.