[e-drug] Unanimous Vote Bans Gifts to Doctors in Massachusetts

["Javier Santisteban-Ponce" <flogisto@usa.net>]

E-DRUG: Unanimous Vote Bans Gifts to Doctors in Massachusetts
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By MedHeadlines <http://medheadlines.com/author/MedHeadlines/> 
 Apr 21st, 2008 
http://medheadlines.com/2008/04/21/unanimous-vote-bans-gifts-to-doctors-in-massachusetts/
*Source: Boston Herald*
[Copied as fair use]

Posted by "Javier Santisteban-Ponce" <flogisto@usa.net>

A unanimous vote, 36-0, in the Massachusetts Senate passes legislation
pertaining to healthcare reforms within the state. The bill is the first of
its kind in the nation although Minnesota and Vermont both have similar laws
but without the full scope of the Massachusetts act.

The most controversial part of the reform package bans pharmaceutical and
medical device manufacturers from giving doctors gifts of any kind,
regardless of monetary value. Other parts of the law make it mandatory that
health insurance providers document annual cost increases and make them
available to the general public and to require the healthcare industry to
use computerized medical records.

Before taking effect, the bill must pass approval in the Massachusetts House
of Representatives and meet the approval of Governor Deval Patrick.

As initially written, the bill would make it a criminal act to present gifts
to doctors but that part of the bill has been omitted at this time. Senator
Mark Montigny (D-New Bedford), principal author of the bill, feels it's the
illicit marketing by pharmaceutical and medical device companies that has
compromised the doctor-patient relationship and that junkets for doctors and
other forms of "schmoozing" cost the American public billions of dollars
every year.

The healthcare reform laws in Minnesota and Vermont put limits on the
monetary value of such gifts and excursions but the Massachusetts law
proposes to ban them all, regardless of monetary value.

The Massachusetts law will require state-issued licenses for anyone selling
pharmaceuticals and medical devices within the state's jurisdiction, with
fines as high as $5,000 for each violation of the gift ban. The gift ban has
sparked harsh criticism from the medical and pharmaceuticals communities.

Responding via a letter to the Massachusetts lawmakers, the Massachusetts
Biotechnology Council voiced the concern that a strict interpretation of the
law could eliminate clinical trials conducted within the state. The letter
also raises the concern that such a ban would severely limit physician
studies mandated for continuing education purposes and would make it harder
for patients to obtain new medicines.