The MSBA's Health Law Section Presents

"Prescription Data Privacy Laws and the First Amendment"

The Minnesota Legislature currently is considering a bill to protect the confidentiality of prescription records from marketing uses. Similar proposals faced a series of constitutional court challenges with widely varying outcomes, ranging from applications of the strict form of intermediate scrutiny adopted in recent Supreme Court cases involving regulation of commercial advertising to the First Circuit’s holding that such data exchange is “conduct” unregulated by the First Amendment.

Sean Flynn, who serves as counsel to the National Legislative Association on Prescription Drug Prices, argued the landmark First Circuit case, IMS v. Ayotte, in the ongoing litigation over state prescription privacy laws. In his presentation, Professor Flynn will survey the policy justifications for prescription privacy laws as well as recent appellate developments.

His presentation will be followed by a local panel, which will preview the proposed Minnesota legislation and its implications for our state.

Presenters:

Keynote Speaker

Sean Flynn , American University Washington College of Law
Sean Flynn is the Associate Director of the Program on Information Justice and Intellectual Property and Professorial Lecturer in Residence at American University Washington College of Law. Professor Flynn teaches courses on intellectual property and pharmaceutical policy and directs PIJIP’s Access to Medicines Project. He serves as counsel to the National Legislative Association on Prescription Drug Prices, AARP and other public health and consumer organizations in ongoing litigation over the constitutionality of state prescription privacy laws, including in oral argument in the First Circuit Court of Appeals in IMS v. Ayotte. Professor Flynn graduated from Harvard Law School, magna cum laude, completed clerkships with South African Chief Justice Arthur Chaskalson and Ninth Circuit Court of Appeals Judge Raymond Fisher, and represented consumers and governments as a practicing attorney.

Local Panel

Lucinda Jesson (Moderator), Hamline University School of Law

Martin Stillman, MD, JD (Panelist), Assistant Professor, Medicine, University of Minnesota Twin Cities and Hennepin County Medical Center

State Senator John Doll (Panelist), Minnesota State Senate, Sponsor of SF 1044 (aimed at limiting prescription record usage for marketing purposes)

Peter Wyckoff (Panelist), National Consultant, The Minnesota Prescription Coalition

Additional panelists pending.

1.5 hours of Standard CLE credits applied for

Details:

Date:   Friday, March 19, 2010
Time:    7:30 a.m. to 9:30 a.m.
Location:   Hamline University School of Law
Room 106 - East Hall
1536 Hewitt Ave
St. Paul, MN 55104 
[Directions/Map]

Breakfast and registration will begin at 7:30 a.m. followed by the program from 8:00 - 9:30 a.m. at Hamline University School of Law in Room 106 - East Hall.

Cost:

Section Members:  $10.00
Join the Health Law Section (membership through June 2011) and attend for free:  $27.00
Hamline University Faculty and Staff:  $10.00
MSBA Members (But Not Health Law Section Members):  $15.00
Non-MSBA Members:  $20.00
Law Students:  Free