Last week, we featured some key state bills that are focused on restrictions on “gifts” to physicians and pharmaceutical marketing including data mining. Well, our “friends” at NLARX have published a list in short form of what states are considering certain types of legislation. This does not mean that they have necessarily filed the bills as many of the states listed are in session or have they held hearings but that legislators in those states have discussed these bills with NLARX.
Data Mining and Privacy
Includes governments placing restrictions on the resale of pharmacy data to pharmaceutical marketers.
States considering measure: Alaska, Colorado, Connecticut, District of Columbia, Hawaii, Iowa, Illinois, Massachusetts, Maryland, Minnesota, Maine, Montana, New Hampshire, New Mexico, New York, Washington, Wisconsin, and West Virginia
Academic Detailing
State sponsored sales reps (nurses, techs or non-medical personnel) and visiting physicians on the value of prescribing generic drugs, often includes continuing medical education (CME) credit as a hook to get into offices.
States considering measure: California, Colorado, Connecticut, Iowa, Illinois, Maryland, Minnesota, New Mexico, Texas, Washington, Wisconsin and West Virginia
Gift Bans and Disclosure Requirements
Gift bans typically mean any payment of value and include research, education, and consulting. Disclosure means to disclose anything that is not banned.
States considering measure: California, Colorado, District of Columbia, Iowa, Maine, Minnesota, New Mexico, Nevada, New York, Texas, Vermont, Wisconsin and West Virginia
Summary
Every year there is a lot of activity, but little actually gets passed. But with the state budget crises of 2008-2009, every measure that is perceived to save governments money will be looked at closely.
Given their successes in Massachusetts this past year, the NLARX members are empowered to pass more state laws further restricting our industry.