In a move that shows legislators in Massachusetts understand the need for manufactures and physicians to continue to work together to bring state of the art medicine to the patients in Massachusetts: A ban prohibiting manufactures from giving gifts and meals to doctors was removed from S 2660 by the Joint Committee on Healthcare Financing. The bill is now known as Massachusetts house bill 4974.
The new language includes:
– Companies are required to adopt a marketing code of ethics, such as the PhRMA and AdvaMed Codes (similar to Nevada law). Section 111N, Chapter 112 (Page 20-23)
o Training on the Code of Conduct to Employees
o Annual Audits of Compliance to the Code
o Policies in Place for Investigating and Reporting instances of Non-Compliance
o Identification of the compliance officer at the company
– Includes a ban on the sale of prescription data (identifying doctors or patients). Section 15, Chapter 112 (Page 23-26)
– It also kept intact the Senate’s proposal for Academic Detailing (where doctors are paid by the state to go out and give talks on evidence based medicine and the benefits of generic drugs). Section 5, Chapter 111 (Page 12-13)
The committee also dropped requirements that drug and device firms disclose consulting and speaking fees to physicians.
Patricia Walrath, House Chairwomen of the Joint Committee on Health Care Financing told the Globe that her committee striped out the gift ban language because pharmaceutical and biotech leaders told law makers it could chill industry-funded educational conferences that bring doctors together with researchers. “We were very concerned that the Senate language would deny (doctors and researchers) the kind of information they need, she said “One could interpret (the Senate’s Version to mean) they would not be able to get anything.”
The house is expecting to vote on this today.
One person who realy went out of his way to make a difference is Kevin Abt at ResturantsToYou.com, he put in perspective the effects that these types of proposed bans can have on small businesses throughout the country.
This is a clear victory for the voices of reason, the new PhRMA code covers most of the concerns expressed by legislators and should serve as a model for other states.
Massachusetts Current Version of Bill: Massachusetts house bill 4974
Wall Street Journal Blog: Plan to Ban Industry Gifts to Docs Stalls in Massachusetts
Boston Globe: House panel drops ban on drug industry gifts to doctors
Pharmalot: Massachusetts Gift Ban Is Removed From Bill