Amendment ID: S2499-43-R1

Redraft Amendment 43

Restoring the Pharmaceutical Gift Ban

Mr. Montigny and Ms. Edwards move that the proposed new draft be amended by inserting after section 64 the following section:-

“SECTION 64A.  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 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 sections 2A, 5 and 6 of said chapter 111N; (ii) a comparison of the marketing code of conduct 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 the direct impact of said practices on increased substance use 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, 2024.”.