SENATE DOCKET, NO. 1390        FILED ON: 1/19/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1232

The Commonwealth of Massachusetts

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PRESENTED BY:

Mark C. Montigny

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to prevent undue influence on prescriber behavior.

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PETITION OF:

SENATE DOCKET, NO. 1390        FILED ON: 1/19/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1232

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1187 OF 2015-2016.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act to prevent undue influence on prescriber behavior.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 1 of chapter 111N of the General Laws is hereby amended by inserting before the definition of “Person” the following definition:- 

“Modest Meals and Refreshments,” food and/or drinks provided by or paid for by a pharmaceutical or medical device manufacturing company or agent to a health care practitioner, the cost of which does not exceed the allowance defined by the U.S. General Services Administration for the Massachusetts per diem localities. The allowable amounts for modest meals and refreshments shall be updated on an annual basis in accordance with the U.S. General Services Administration meal allowance rates.

SECTION 2. Clause (6) of the third paragraph of section 2 of chapter 111N is hereby amended by adding after the word “regulation” the following words:-  consistent with this section.

SECTION 3. The third paragraph of section 2 of chapter 111N is hereby amended by inserting, after the words “in section 2A”, the following sentences:- 

For the purposes of this section, presentations that occur in a manner conducive to informational communication shall prohibit the provision of and pharmaceutical or medical device manufacturing company payment for any form of alcoholic beverage. Meals and refreshments shall be provided within the context of the informational presentation, and shall not occur prior to or following the educational presentation. Presentations shall not occur in locations that are otherwise recreational in nature, including, but not limited to, resorts, sporting clubs, casinos or other vacation destinations.

SECTION 4. Section 2A of chapter 111N is hereby amended by inserting, after clause (3), the following clauses:

(4) total amount spent on meals for such presentation;

(5) total amount spent on the venue for such presentation;

(6) a description of the content of such presentation;

(7) total number of prescriber attendees at such presentation;

(8) names of attendees present at such presentation;

(9) names and credentials of presenters at such presentation; and

(10) total amount spent on other items of economic value provided at such presentation.

SECTION 5. Subsection (1) of section 6 of chapter 111N is hereby amended by adding the following sentence:-

The department of public health shall collect receipts for all required reporting expenditures pursuant to this section and section 2A of this chapter.