Massachusetts – “Doctor -- Two year prison sentences for that pen”

Prescription drug regulations was part of the huge ” health care cost and quality bill” Massachusetts State Senate President Therese Murray introduced on . 

Of the bill she says: “This legislation represents a defining moment for the Commonwealth,” Senate President Therese Murray (D-Plymouth) said. “Our efforts today are crucial to the future vitality of our health care system and our economy”

The bill, S. 2526, includes a total ban on gifts -- the definition of  a "Gift", a payment, entertainment, meals, travel, honorarium, subscription, advance, services or anything of value, unless consideration of equal or greater value is received.

The bill states:  No pharmaceutical manufacturer agent shall knowingly and willfully offer or give to a physician, a member of a physician’s immediate family, a physician’s employee or agent, a health care facility or employee or agent of a health care facility, a gift of any value and no physician, a member of a physician’s immediate family, a physician’s employee or agent, a health care facility or employee or agent of a health care facility shall knowingly and willfully solicit or accept from any pharmaceutical manufacturer agent, a gift of any value.

Exempt payments are only for those not related to marketing, and restricted to medical or scientific purposes and contracted with specific deliverables.

A person who violates this chapter shall be punished by a fine of not more than $5,000 per violation or by imprisonment for not more than 2 years, or both. (the imprisonment penalty was pulled out of the final version).

The bill also promotes setting up a “academic detailing” program through Mass General and state licensure of pharmaceutical and device sales representatives.

The bill has passed the Senate on April 18^th, (36-0) was sent over to the state house with recommendation.  For up to date bill status:  http://www.mass.gov/legis/185history/s02526.htm Links to press release on the final bill:

A good counter article was published on April 17^th in the Boston globe titled “Conflicts Don’t Sicken Healthcare”  and highlighted in the Wall Street Journal Blog Harvard Doc’s: Bring on the Drug Reps.

This bill if passed will cause a flight of academic faculty to states with more favorable regulatory environments, and effectively shut down the biotech industry of Massachusetts.

Press Release Massachuettes Legislature  4-18-08

At least one state is planning to capitalize on this issue by preparing advertisements for the Boston area newspapers to attract bio-tech companies, prestigious group practices, and academic clinicians to come to a regulatory friendly state.