Prescription Information to be Kept Confidential
NH Prescription Confidentiality Act
Health · Data brokers · Marketing
Bars pharmacies, PBMs, insurers and transmission intermediaries from licensing, transferring, using or selling prescription records containing patient- or prescriber-identifiable data for commercial purposes, apart from reimbursement, formulary compliance, care management, utilization review, health care research, or as otherwise allowed by law. The First Circuit upheld the law in IMS Health v. Ayotte (2008), but that ruling was abrogated by Sorrell v. IMS Health (2011), which struck down a similar Vermont prescriber-data law, so the prescriber-data restriction is constitutionally vulnerable.
- Where
- New Hampshire
- Citation
- N.H. Rev. Stat. Ann. 318:47-f
- Status
- In force
- In force since
- 2006-06-30
- Enforced by
- Not specified in the section (pharmacy board and Attorney General have general authority)
- People can sue
- No
- Penalties
- The section does not state a specific penalty.
- Applies to
- Pharmacy benefit managers, insurance companies, electronic transmission intermediaries, retail, mail-order and Internet pharmacies, and similar entities
Practices it requires
- Do not license, transfer, use or sell prescription records with patient-identifiable or prescriber-identifiable data for any commercial purpose other than the listed permitted purposes.RSA 318:47-f
Sources
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Unverified: Current enforceability after Sorrell v. IMS Health, 564 U.S. 552 (2011): no NH decision or Attorney General statement on non-enforcement was located; the status of abrogation of IMS Health v. Ayotte, 550 F.3d 42 (1st Cir. 2008), is from secondary sources, not a fetched court docket
Research reference, not legal advice.