Massachusetts Passes Strict Regulations on Pharmaceutical and Medical Device Gifting

The Massachusetts Public Health Council has passed new regulations that will require pharmaceutical and medical device companies to publicly report fees and payments of $50 or more to physicians within the state and will prohibit or restrict certain marketing activities by these companies, according to a Massachusetts Office of Health and Human Services news release.

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The regulations are some of the toughest in the nation, and Massachusetts is the only state to extend these regulations to medical device makers.

The new regulations prohibit payment for entertainment or recreation; cash payments except as compensation for bona fide services; financial support to healthcare practitioners in training; complimentary items such as pens, mugs and calendars; and the regulations place restrictions on free meals for practitioners.

The regulations will continue to allow payments made to healthcare providers for genuine research projects and clinical trials; price concessions such as rebates and discounts; prescription drugs provided solely and exclusively for patient use; demonstration and evaluation units; and in-kind items provided for charity care.

The regulations go into effect on July 1, 2009 and the first public reporting by companies will be due by July 1, 2010.

Learn more about the Massachusetts gifting regulations.

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