Several state legislatures have filed bills affecting the pharmaceutical and device industry on addressing Continuing Medical Education (CME), and the list only promises to grow longer as states begin their legislative sessions.
Reviews of Several State Legislatures:
Colorado
House and Senate has introduced the “Prescription Drug Ethics Act,” which includes bans on all “gifts” payments and transfers of value.
Iowa
The State Assistant Majority Leader has introduced the Iowa Healthcare Coverage Partnership program, and it includes bans on payments and gifts, reporting, advertising and expenditure reporting, restricting data mining, and academic detailing. They use the definition of CME as having more than one speaker.
The bill was assigned to the committee where the sponsor is the chairman.
Illinois
Introduced the Prescription Drug Ethical Marketing Act and includes reporting of all payments, fees, and gifts.
New York
Governor Paterson’s budget includes a resolution to adopt a strict ban on “gifts” to
physicians.
Assemblymen have introduced a bill eliminating the tax exemption for direct-to
consumer advertising. This will go over really well on Madison Avenue in New York
Texas
Three disclosure bills, with one requiring disclosure of payments for all CME except those sponsored by a medical society. Also, a bill has been filed that bans resale of prescription data. Given the make-up of Texas, we give these bills a Rhode Island-sized chance of passing in this very large, conservative state.
Vermont
Their bill that includes a “gift ban” on anything of value and reporting on everything else. With 30 of the 30 state senators as co-sponsors, this is a trouble spot.
Virginia
Data Mining Restriction. This will go down in history as one of the quickest turn-arounds on a bill. It was introduced on the 14th of January, and killed in committee on February 3rd.
Washington
Restrictions on the sale of patent identifiable data. Actually, we do not have a problem with this except if it does not allow sale of data for marketing.
Therapeutic Substitution: allows for pharmacists to replace Medicaid prescriptions for branded drugs with non-branded generics. As a patient, I have always been pleased to have my pharmacist or managed care company second guess my physician, they are out for me as long as I don’t cost them anything.
The four states to keep a close eye on are Colorado,Iowa,New York and Vermont.
Other states that have publicly stated they will strive for stronger restrictions but have not filed bills as of this report, include Minnesota (enhanced disclosure), West Virginia (enhanced disclosure) and Maine (adding device manufacturers to their reports).
Download Listing of State Bills 2009 2-12-09
See list of Bills and Relevant Links:
| State | Introduced | Bill Number | Sponsor | Bill Title and Web Link | Description | Type | Status |
| Colorado | 2/3/09 | SB09-166 | House: Morgan Carroll | Prescription Drug Ethics Act | Bans all gift, fee, payment, subsidy, or other economic benefit to a health care practitioner. | Payment and Gift Ban | Assigned to Business, Labor and Technology |
| Senate: Sal Pace | |||||||
| Requires Reporting of other payments | Payment Disclosure | ||||||
| Iowa | 1/27/09 | SF 48 | Senate: Jack Hatch Assistant Majority Leader Senate | IOWA HEALTH CARE COVERAGE PARTNERSHIP PROGRAM | In addition to Healthcare Coverage it includes the kitchen sink of pharmaceutical | Payment and Gift Ban | Assigned to Committee Human Resources Sponsor is Committee Chairman |
| marketing restrictions and defines CME as only multi speaker events | |||||||
| Bill Book | Payment Reporting | ||||||
| Advertising and Marketing Expenditures Reporting | |||||||
| Restricting Data Mining | |||||||
| Academic Detailing | |||||||
| Illinois | 1/27/09 | HB0332 | Rep. Jack D. Franks and Fred Crespo | Prescription Drug Ethical Marketing Act | Requires manufacturer labeler that sells prescription drugs to disclose the value, nature, and purpose of any gift, fee, payment, subsidy, or other economic benefit provided in connection with detailing or promotional or other marketing activities to any health care working that can prescribe drugs | Payment Disclosure | Referred to Human Services Committee |
| 2/4/2009 | |||||||
| Minnesota | Not yet filed | Senator John Marty | Policy Med | Greater Disclosure Measures | Payment Reporting | ||
| Article | |||||||
| Gift Ban | |||||||
| New York | 1/7/09 | A.158 | Governor Paterson | State Budget Bill (Page 54-55) | Includes Governors Recommendation for Legislation on Payment Ban and Restriction on CME talks | Payment and Gift Ban | Referred to Ways and Means |
| S. 58 | 1/7/2009 | ||||||
| Section C | Restriction on CME Presentations | Amended and re-referred to Ways and Means | |||||
| Gift and Payment Ban | 1/21/2009 | ||||||
| New York | 2/10/09 | A05030 | Sponsor: Assemblyman Brodsky | Prohibits manufacturers and distributors of prescription drugs from deducting the costs of advertising such drugs to consumers from their income taxes | DTC Advertising Tax Exemption | Referred to Ways and Means | |
| Co Sponsors: | 2/10/2009 | ||||||
| Cahill, Clark, Koon, Weisenberg | |||||||
| Texas | 11/10/08" | SB 151 | Sponsor State Senator Rodney Ellis | Physician Drug Marketing | Name and Address | Payment Disclosure | Referred to Health and Human Services 2/10/09 |
| $25.00 bottom | |||||||
| Article | Excludes Samples | ||||||
| Policy Med | |||||||
| Texas | 1/13/09 | SB 296 | Sponsor State Senator Royce West | Disclosure of Payments and Transfer of Value | Payment Disclosure | Referred to Committee on State Affairs 2/11/2009 | |
| Article | |||||||
| Policy Med | |||||||
| Texas | 1/27/09 | SB 553 | Sponsor Lucio | Relating to the disclosure of certain economic benefits provided by manufacturers or repackagers of prescription drugs; providing penalties | Limits gifts of $75.00 or more, CME is excluded only for specialty societies (Universities, hospitals and MECC’s will have to report participants) | Payment Disclosure | No Action |
| 2/11/2009 | |||||||
| Texas | 2/3/09 | SB 646 | Sponsor Vande Putte | Relating to a study regarding the confidentiality of prescription information; providing a civil penalty | Restricts Resale of Prescription Data | Data Mining | No Action 2/11/2009 |
| Bill Stages | |||||||
| Vermont | 1/30/09 | S 48 | Sponsor Kevin Mullen | Health; prescription drugs; marketing; gift; ban; disclosure | Defines CME as offers CME credit, features multiple presenters on scientific research, or is authorized by the sponsoring association to recommend or make policy. | Gift Ban | Referred to Committee on Finance |
| Cosponsors include all 30 of the state senators | Payment Disclosure | ||||||
| Policy Med | |||||||
| Virginia | 1/14/09 | HB 2452 | Delegate Mark Sicles | confidentiality of prescription information | Data Mining | Referred to Health Welfare and Institutions, 1/14/09 | |
| Stricken from the Docket 2/03/09 | |||||||
| Washington | 1/21/09 | HB 1493 – 2009-10 | Sponsor: Rep Jamie Pederson | Marketing Prescription Drugs | Restrictions on selling patient data that includes patient name | Resale of Patient identifiable data – Covers all data | February 13th Hearing Committee on Health and Wellness |
| News Story | |||||||
| 2/5/09 | SB 5892 – 2009-10 | Relating to authorizing state purchased health care programs | Therapeutic Substitution | Referred to committee on Health and Long Term Care | |||
| to maximize appropriate prescription drug use in a cost-effective | |||||||
| manner | |||||||