Drug Topics - November 17, 2008 - (Page 5) Regulatory & Law GOVERNMENT Alaina Scott, Senior Editor Pharmacy-related bills stalled in state legislatures As most of the 2008 state legislature sessions ended, left behind were bills introduced in 20 states that would require marketing disclosures by drug manufacturers, regulate direct-to-consumer advertising of prescription drugs by pharmaceutical companies, or prohibit prescription information being sold for commercial purposes. Soaring drug costs have become a matter of concern for some lawmakers. A new analysis provided by the managed care industry reports that from 1999 to 2000, prescriptions written for the top 50 advertised drugs rose 24.6 percent, compared to 4.3 percent for all other drugs combined, according to the National Conference of State Legislatures (NCSL). With pressure to try to curb the increased costs of prescription medicine, lawmakers are taking a closer look at the implications of expensive advertisements on state-funded programs. Legislative lawyers have pointed out in the past that it is nearly impossible for individual states to control national advertisements, now regulated by the U.S. Food and Drug Administration. But this has not prevented some states from seeking solutions. Eight states, California (2004), Florida (2006) Maine (2003, 2005, 2007), Minnesota (1993), New Hampshire (2006), South Carolina (2006), Vermont (2002, 2007), West Virginia (2001), and the District of Columbia (2003, 2008) have laws or resolutions affecting pharmaceutical marketing, according to data from that National Conference of State Legislatures (NCSL). A separate Texas law (2007) requires a state-sponsored public-awareness campaign to educate consumers about marketing solicitations by email or Internet. The only such bill to be approved by lawmakers this year was B17-0364, otherwise known as the Safe Rx Amendment Act of 2008. It was passed by Washington, D.C. lawmakers and requires licensing of pharmaceutical representatives. It also imposes penalties for “misleading" remarks made in sales pitches to doctors. The Washington law also requires drug-company representatives to have a bachelor’s degree, adhere to a code of ethics, and bans them from buying meals for physicians or giving them small gifts branded with the names of drugs or pharmaceutical companies. Company representatives would still be allowed to give doctors drug samples. While the SafeRx bill passed, similar bills floundered in California, Arizona, Hawaii, Illinois, Kansas, Louisiana, Maryland, and other states. A bill in New York — A07468 — would require pharmaceutical drug manufacturers and wholesalers to annually report, for disclosure to the general public, all of its W W W.D R U GTO P I C S .C O M Richard Gottfried, New York State Assemblyman, introduced a disclosure bill. gifts to healthcare practitioners that prescribe drugs when such gifts exceeda certain value. The bill was not voted on during this year’s session after passing in the assembly in 2007 and being sent to the Senate early in 2008. Richard Gottfried, the New York assemblyman who introduced A07468, said he intends to reintroduce the bill in the next legislative session, along with a bill that would ban gifts from drug manufacturers to healthcare practitioners. “My preference would be to prohibit such gifts. But if we can only get the disclosure bill passed, then I would want to do that,” he said. Gottfried said he is relying partially on the law itself for enforceability. He believes the pharmaceutical companies will comply with the new law because of the possible consequences — a civil violation or a misdemeanor. “We’re not talking about a teenager shoplifting,” he said. “We’re talking about multimillion dollar corporations that have a lot at stake if they break the law.” He is also relying on complaints from physicians, whistleblowing and enforcement strategies of the New York Department of Health. Regardless of criticism due to the lack of enforceability of such a bill and the existing federal oversight, Gottfried believes most states will continue the trend started by Minnesota of passing such bills. “I think this is a very important, valuable issue for legislators to address,” he said. N OV. 17, 2008 COURTESY OF NEW YORK STATE LEGISLATURE DRUG TOPICS 5 http://WWW.DRUGTOPICS.COM
Table of Contents Feed for the Digital Edition of Drug Topics - November 17, 2008 Drug Topics - November 17, 2008 Special Report: Helping Patients Choose the Right Glucometer Pharmacy-Related Bills Stalled in State Legislatures Drug Topics - November 17, 2008 Drug Topics - November 17, 2008 - Drug Topics - November 17, 2008 (Page 1) Drug Topics - November 17, 2008 - Drug Topics - November 17, 2008 (Page 2) Drug Topics - November 17, 2008 - Special Report: Helping Patients Choose the Right Glucometer (Page 3) Drug Topics - November 17, 2008 - Special Report: Helping Patients Choose the Right Glucometer (Page 4) Drug Topics - November 17, 2008 - Pharmacy-Related Bills Stalled in State Legislatures (Page 5)
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