Massachusetts Enacts Final Rules Governing Pharmaceutical and Medical Device Manufacturer Conduct
May 28, 2009
Massachusetts, which has distinguished itself as the state with the most comprehensive and stringent sales and marketing practices law, recently adopted final regulations implementing the Pharmaceutical and Medical Device Manufacturer Conduct established under “An Act to Promote Cost Containment, Transparency and Efficiency in the Delivery of Quality Health Care.” Massachusetts is the first state to enact a law requiring both pharmaceutical and medical device manufacturers to adopt and comply with a state-authored code of conduct and to require disclosure of economic benefits provided to health care practitioners (HCPs) and certain other persons or health care entities. In light of the significant compliance and reporting considerations required by the final regulations, it is critical to begin an early evaluation of the effect the regulations may have on a company’s marketing and promotional activities in Massachusetts.
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