Privacy Law Library

Confidentiality of Prescription Information (Prescriber Data Law)

VT Prescription Confidentiality Law

Health · Marketing

Barred the sale or marketing use of prescriber-identifying prescription records without the prescriber's consent. The U.S. Supreme Court held in Sorrell v. IMS Health Inc., 564 U.S. 552 (2011), that § 4631(d) violates the First Amendment, affirming the Second Circuit. The subsection still appears in the Vermont Statutes but cannot be enforced.

Where
Vermont
Citation
18 V.S.A. § 4631
Status
Blocked by a court
Last amended
2012-05-18
Enforced by
Vermont Attorney General
People can sue
No
Penalties
The AG may sue with Consumer Protection Act investigative and remedial powers, and each violation is a separate civil violation (§ 4631(f)). The core ban in § 4631(d) is unenforceable after Sorrell v. IMS Health Inc.
Applies to
  • Health insurers, self-insured employers, electronic transmission intermediaries, pharmacies and similar entities
  • Pharmaceutical manufacturers and marketers

Practices it requires

  • (Held unconstitutional) Do not sell, license or exchange prescriber-identifiable records, or use them to market prescription drugs, without prescriber consent.18 V.S.A. § 4631(d) · Only if: Unenforceable after Sorrell v. IMS Health Inc. (2011)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: The Supreme Court's own site returned 404 for the slip opinion, so the case was confirmed through Cornell LII, a secondary publisher. Whether any provisions other than subsection (d) are still enforced was not confirmed.

Research reference, not legal advice.