Philadelphia to Hold Public Hearing on Proposed Physician “Gift” Ban

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On Friday October 30th at 11:00 am the city of Philadelphia is holding a public hearing to discuss “Pharmaceutical Sales and Marketing Practices” proposal which would effectively outlaw dinner meetings and other pharmaceutical sponsored events in the city of Philadelphia.

The Committee on Public Health and Human Services of the Council of the City of Philadelphia will hold a Public Hearing on Friday, November 30, 2018, at 11:00 AM, in Room 400, City Hall, to hear testimony on the following item:

An Ordinance amending Title 6 of The Philadelphia Code, entitled “Health Code,” by adding a new Chapter 6-1200, entitled “Pharmaceutical Sales and Marketing Practices,” to provide for registration of pharmaceutical manufacturer agents and certain other requirements; and to prohibit gifts by pharmaceutical manufacturers and their agents to health care practitioners; all under certain terms and conditions.

The proposed bill outlaws all “gifts” or payments but provides exemptions for:

(a) Reasonable compensation and expense reimbursement to a health care practitioner who serves as a speaker or on the faculty at a professional or educational conference or meeting;

(b) Reasonable compensation for the substantial professional or consulting services of a health care practitioner in connection with a genuine research project; or

(c) The provision of samples of a prescription drug to a health care practitioner or health care provider for the sole purpose of its distribution to patients without cost. This exemption shall not include the provision of coupons for the purchase of any Controlled substance, at no cost or reduced cost, to health care practitioners for distribution to patients. Such coupons are prohibited gifts under this § 6-1203.

(d) Funding for Continuing Medical Education that is consistent with the standards of the Accreditation Council for Continuing Medical Education.

The proposed bill would effectively outlaw consulting outside of research, promotional dinner meeting attendance, leaving promotional materials, market research and a vast array of interactions that pharmaceutical companies have with physicians.   Affected parties can include conventions. hotels, restaurants, physician organizations and others in the Philadelphia area.  States that have adopted such restrictions have all pulled back or have recently proposed to pull back on such restrictions after the hospitality industry raised a ruckus.

 

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