Enhanced Pharmaceutical Gift Ban

The Enhanced MN Pharmaceutical Gift Ban (SF 1237 and HR 1641)

Curent Summary of MN Pharmaceutical Gift Ban (HR 1641) 

Pharmaceutical and Medical Device Gift Ban: was introduced in the Senate (S.F. 1237 - John Marty) and the House (H.R. 1641- Rep. Tina Liebling). It builds on and improves the landmark 1993 legislation which bans or limits most pharmaceutical gifting. 

Background:

The New Gift Ban legislation enhances Minnesota’s 1993 ground breaking pharmaceutical gift ban law. The proposed improvements include: Clearing up much of the ambiguities of the current law including clarifying the meaning of gifts; Expanding the definition of prescriber and “practitioner” and covers medical supply, medical device manufacturer or distributors; Bans gifts; Clarifies reporting and public access; Clarifies and improves “unrestricted granting” to medical conferences; Provides transparency for practitioner compensation and Reduces drug company influence on PDL and formulary committees.

Current Status:

The Senate version passed the Senate Health Committee in March 2009 and was heard on March 25^th 2009 Hearing before the Senate Business and Industry Committee. On January 25th, 2010 The Senate Business and Industry Committee and the House Business and Labor Committee held a joint interim Information Hearing on the Gifting Legislation as well as the other Bills of the MPC. 

Reflecting the differences of the closeness of relationship between Device Manufacturers and Physicians, the Gifting legislation has been amended only to require transparency of Device Manufacturer "gifting" to physicians that would be in conformity with any national "Sunshine Legislation" that may be passed by Congress. To view the current version of the bill as reflected in HR 1641, click here.

UPDATE: 

January 25, 2010 Hearing: Testimony at Joint Interim Hearing: House Commerce and Labor Committee (Rep Joe Atkins, chair) and Senate Business, Industry & Jobs Committee (Senator Jim Metzen, Chair) on Monday, January 25, 2010. 

Peter Wyckoff, Director of the Minnesota Prescription Coalition
Stephen W. Schondelmeyer, Pharm.D., Ph.D., PRIME Insitute, University of Minnesota
Chris McCoy, MD
Allan Coukell, Director, Pew Prescription Project (oral testimony)
      Allan Coukell, Director, Pew Prescription Project (PowerPoint presentation)
Kim Witzcak (Consumer)

February 16, 2010 Hearing: Testimony given at the February 16th hearing of the House Health and Human Services Oversight Committee (Rep. Paul Thissen, Chair)
Peter Wyckoff, Director of the Minnesota Prescription Coalition
Chris McCoy, MD
Creg Stephens, Pharmacist

Background Materials:
Why small Gifts Matter
Summary of Gift Ban as Introduced
Mn Gift Ban Summary as Introduced

MN Legislation and National Sunshine Legislation:

Part of the arguments against the gift ban legislation was that might be in conflict with the Physicians Payments Sunshine legislation now before congress. Good Pharmaceutical and Medical Device transparency legislation has been included in both the House and Senate passed versions of health reform. The current language in both bill, now in conference committee, supports stricter state controls as described in the MN Gift ban legislation. More information about that legislation is available by clicking here.

2008 Pharmaceutical Gift Reporting

Both the Star Tribune and the St. Paul Pioneer Press have reported extensively on 2008 pharmaceutical gifting. They both provide significant data on why the MN legislation needs to be strengthened.