Amendment ID: S2651-36-R1

Redraft Amendment 36

LICENSURE OF PHARMACEUTICAL AND MEDICAL DEVICE SALES REPS

Mr. Montigny and Ms. Jehlen move that the proposed new draft be amended by inserting after section 62 the following section:-

“SECTION 62A. The department of public health, in consultation with the attorney general, district attorneys, patient advocates, health care practitioners and other relevant stakeholders, shall analyze the effectiveness and sufficiency of the marketing code of conduct rules established pursuant to chapter 111N of the General Laws. The department’s analysis shall include, but not be limited to: (i) an evaluation of the reports, compliance information and data required under section 2A, section 5 and section 6 of said chapter 111N; (ii) a comparison of the marketing code of conduct rules with similar rules established in other states; (iii) a review of any enforcement actions taken for violations of said chapter 111N; (iv) a review of opioid marketing practices and direct impact upon increased substance abuse disorders and related deaths; and (v) an assessment of the need, and recommendations for implementation, for further requirements to ensure marketing activities by pharmaceutical and medical device manufacturers do not influence prescribing patterns in a manner that adversely affects patient care, which shall include, but not be limited to, requiring the licensing of all pharmaceutical and medical device representatives, including pharmaceutical or medical device manufacturing agents, as defined in section 1 of said chapter 111N. The department shall file a report of its findings with the clerks of the senate and house of representatives, the joint committee on public health, the joint committee on health care financing, the senate committee on steering and policy and the senate and house committees on ways and means not later than May 1, 2022.”.