Massachusetts Gift Ban For Doctors Remains Intact
4 CommentsBy Ed Silverman // August 2nd, 2010 // 7:49 am
An effort in Massachusetts to repeal a controversial law that prohibits drugmakers from giving gifts and meals to doctors and other healthcare professional has apparently ended. The provision, which had been contained in a proposed economic development bill, was removed during a legislative conference late Friday, according to two consumer groups that fought against repeal.
The maneuver would appear to end a contentious battle over a law that upset doctors, and pitted various consumer and patient groups against restauranteurs and the pharmaceutical industry. The law, which you can read here and here, was passed two years ago and was seen as a way to limit undue industry influence over medical practice, but industry supporters argued the measure is hostile toward drugmakers (background here). One bit of fallout: the American Academy of Allergy, Asthma, and Immunology, based in Milwaukee, canceled its 2015 annual meeting in Boston (see here).
“It all started with our state budget and there was a push in the senate,” Georgia Maheras of Health Care for All, and manager of Massachusetts Prescription Reform Coalition, tells us. “The senate budget piece was an effort to alter the law. What they wanted to alter was just the meals provision. This was permit to meals back in restaurant. And then it got much more exciting. As part of an economic development bill that had been churning through the statehouse for past few months, the house voted to include a repeal of the entire gift ban and disclosure law…but we beat back a tough onslaught.”
The law, by the way, bans ‘modest and occasional’ meals are allowed in a doctor’s office or hospital setting, a move that Maheras says was designed to accommodate medical device companies. However, the legislature never defined ‘modest and occasional.’ In any event, meals are not allowed in a restaurant, although catering can take place in any venue. We await a reply from PhRMA. UPDATE: PhRMA says: “This repeal effort was started by legislators concerned that the law is hurting the state’s economy. And it is certainly true that it adds an extra level of administrative complexity for companies in the state. Pharmaceutical marketing is already effectively regulated by the federal government.”
pic courtesy of mysza831 on flickr creative commons
pharmavet
Fine with me. Not sure how much CME the docs are getting anyway when you run into them at Fenway Park.
Frank Giramonti
There is a board of medical examiners in Massachusetts (as in every other state)which needs to look at how doctors prescribe overall, and there are about 10,000 lawyers ready to sue for malpractice. With todays technology it is not difficult to monitor undue prescribing. Dinner programs are a practice that all businesses use to engage customers. There is also that little detail of free business practices guaranteed by most states.
yobo
Entertaining business clients is done by every business, big or small, in some way. Going after the drug makers is done to gain political points. No one wants to be sick and have to pay for a remedy to make thwmselves well. However, that same person will gladly fork over $90 for a new hair style because it makes thwm feel good about themselves. This is why the public relates to the political rhetoric.
Now, the other side. Doctors are pigs. They demand to be entertained. Doc opinion leaders demand to get paid. And drug cos. not to be out done by the competition comply. Ball games, golf outings, Broadway shows, paitball, and on and on were and are commonplace. All are pigs and now the pigs have been skewerd. Good. This will resolve when the pols, the docs, and the cos, stop being pigs.
Stanley
My guess is the lawmakers are jealous they aren’t getting the free lunch,gifts,etc. And have to wait to see a doctor only to find out they have something seriously wrong with them since they have been sitting on their ASS for all these years and now they want to blame it on pharma companies and physicians. At least the pharma profits won’t be going to any restaurants in Massachusetts.
Name another industry that lawmakers write laws about lunches or gifts. You can’t do it. Because it is lawmakers health and physicians make alot money. Lawmakers need to BLAME someone. Taking Lunches and gifts away from doctors aren’t going to make lawmakers healthy!
Also the economy in Massachusetts could use a little boooooost from pharma companies. Just another reason the democrats don’t have a clue!!!!