Sunshine Act Still in the Shade - Pharmaceutical Executive

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Sunshine Act Still in the Shade

Pharmaceutical Executive


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Still, proponents believe that with the passage of the federal PPSA, the need to accurately document and aggregate a company's spend on physicians will increase dramatically. And that it will serve the issue of transparency on some level, requiring all pharmaceutical, device and biotech companies to report detailed financial relationships with prescribers throughout the United States.

And although the first reports for the calendar year 2012 won't be due until March 2013, those companies that have not begun to publicly disclose physician payments have a lot of catching up to do. While there is still some time to start capturing the data, prudent companies should consider begining the process as soon as possible. The task can be formidable, and there's every possibility that technical solutions may need to be devised, implemented and tested well in advance of the 2013 date for collecting this data. So get ready and go.

State's versions of the Sunshine Act

California
Applies only to pharmaceutical companies whose medicines are not over the counter
Covers only HCPs, medical students and formulary committee members
The pharmaceutical company must have a compliance program including self-imposed limits on gifts and incentives

District of Columbia
Applies only to pharmaceuticals or manufacturers of prescription drugs, biological, and affiliates
Covers HCPs and HCIs
Must disclose Direct to Consumer expenses
Covers gifts, meals and entertainment, educational programs and materials, travel expenses and any value transfer less than full market value

Maine
Applies only to pharmaceuticals or manufacturers of prescription drugs, biological, and affiliates
Covers HCPs and HCIs
Must disclose Direct to Consumer expenses
Covers gifts, meals and entertainment, educational programs and materials, travel expenses and any value transfer less than full market value

Massachusetts
Applies to pharmaceutical and device manufacturers
Applies only to prescribers licensed in Massachusetts
Prohibition on meals, gifts, etc.
Requires adoption of code of conduct, training, investigation of misconduct, etc.
Must disclose gifts, meals and entertainment over $50

Minnesota
Applies to wholesale drug distributors (manufacturers)
Two separate laws: restrictions and disclosures
Restrictions: No more than $50 gifts and meals per prescriber per year
Applies to all Minn. practitioners; payments totaling more than $100 per year per practitioner must be reported, including value transfers such as honoraria, consulting services, and educational aid


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