May a physician share protected health information with a sales representative as part of a discussion about the physicians experiences with the manufacturers product?
No — unless the physician has obtained a valid authorization from the patient to share the information for these purposes. Physicians may continue to engage in discussions with sales representatives about a particular drug’s side effects, benefits, or other qualities. Physicians should ensure, however, that they do not use identifiable information when having these discussions. If the physician wants to discuss a specific patient in a manner that might reveal the patient’s identity, the physicians should obtain a valid authorization from the patient prior to engaging in the discussion.
Related Questions
- May a physician share protected health information with a sales representative as part of a discussion about the physicians experiences with the manufacturers product?
- May a covered entity share protected health information directly with another covered entity’s business associate?
- What is the average amount of time a physician gives to a pharmaceutical representative for a sales call?
