The Health Law Resource

AMA Opinions & Standards

5.075 Disclosure of Records to Data Collection Companies.

Data collection from computerized or other patient records for marketing purposes raises serious ethical concerns. In some cases, firms have sought to amass information on physicians' prescribing practices on behalf of pharmaceutical houses for marketing purposes. Often, physicians are offered incentives such as computer hardware and software packages in return for agreeing to such an arrangement. They may be told that data-collecting software does not capture patients' names.

These arrangements may violate principles of informed consent and patient confidentiality. Patients divulge information to their physicians only for purposes of diagnosis and treatment. If other uses are to be made of the information, patients must give their permission after being fully informed about the purpose of such disclosures. If permission is not obtained, physicians violate patient confidentiality by sharing specific and intimate information from patients' records with commercial interests.

Arrangements of this kind may also violate Opinion 8.061 on gifts of physicians from industry.

Finally, these arrangements may harm the integrity of the patient-physician relationship. The trust that is fundamental to this relationship is based on the principle that the physicians are the agents first and foremost of their patients.

Comments, questions, errata, submissions, E-mail William L. Manning, Esq.

Back to Medical Records, Privacy & Confidentiality

Back to the Health Law Resource