Massachusetts Passes Tough Rules Governing Pharmaceutical, Medical Device Industries

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2009-03-12 14:50

The Massachusetts Public Health Council (PHC) passed broad new rules governing sales and marketing practices of pharmaceutical and medical device companies doing business in Massachusetts.

The sweeping new regulations place Massachusetts at the forefront nationally in monitoring the relationship between industry and health care providers, and will be the strictest in the nation in mandating reporting and public disclosure of certain fees, payments and other compensation provided by companies to physicians. The new rules also contain gift prohibitions and restrictions on meals given by companies to health care providers.

The new rules passed by a vote of 10 to 0. Each of the fifteen PHC members underwent a thorough vetting involving the State Ethics Commission prior to the vote, and three members were not allowed to participate in the discussion or vote on the measure in accordance with conflict of interest laws. Two other members of the Council were traveling and did not attend the meeting.

“I want to thank the Public Health Council and DPH for the thoughtful and fair manner in which they developed these regulations,” said Dr. JudyAnn Bigby, Secretary of Health and Human Services. “These new rules will go a long way toward ensuring transparency about the interactions between industry and providers, a need that other states and industry themselves recognize.”

The regulations will take effect on July 1, 2009 and the first public reporting by companies will be due by July 1, 2010. The information reported by companies to the Massachusetts Department of Public Health (DPH) will be posted on the DPH web site, and will be searchable by company and by health care provider.

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