Massachusetts Eases Ban on Gifts from Medical Device Manufacturers

Massachusetts governor Deval Patrick on Monday signed into law legislation that partially repeals the state’s pharmaceutical and medical device manufacturer code of conduct (PCOC), which required companies to disclose gifts of more than $50 to healthcare providers.

A provision in the state’s 2013 budget bill updates the PCOC to allow drug and device companies to pay for “modest” meals for healthcare providers that attend the companies’ educational seminars.

Statements issued by both the national medical device industry association AdvaMed and the Massachusetts Medical Device Industry Council (MassMEDIC), an organization that represents industry stakeholders in the state, praised the move.

“The new law permits the payment of reasonable expenses necessary for technical training on the use of medical devices without the requirement for a pre-existing vendor purchase contract and requires the Massachusetts Department of Public Health to make publicly available and searchable on its website all disclosed data, among other provisions,” Christopher White, AdvaMed general counsel and senior executive vice president, said in a statement.

MassMEDIC president Tom Sommer thanked the Massachusetts state legislature, calling out senate president Therese Murrray, house speaker Rober DeLeo, and governor Deval Patrick in particular, for addressing what he called “the most onerous portions” of the PCOC.

“This provision will allow medical device companies to plan and undertake full-day and multi-day training sessions to healthcare providers needed to properly operate a range of medical products,” he said in a statement.

The PCOC was passed in 2008.
 

—Jamie Hartford is the associate editor of MD+DI. Follow her on Twitter @readMED.