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PPAI LAW: Members Urged To Take Action On Colorado, New York Proposals

Issue: 2010feb


While the national debate on healthcare may be stalled for the moment, states are starting to take over where the federal government has stopped.

Last week, Colorado introduced a bill that is virtually identical to the proposed Physician Payments Sunshine Act (PPSA). New York Gov. David Paterson is proposing new, tougher prohibitions on pharmaceutical companies. Both require a response from PPAI members.

In Colorado, Democratic Sen. Morgan Carroll introduced S.126, the Pharmaceutical Transparency Act. This act is modeled on the proposed federal PPSA and would require drug and medical device manufacturers to report all “transfers of value” to medical professionals on an annual basis. Promotional products are included under this definition.

In New York, under Paterson's proposal, pharmaceutical companies and their representatives would be restricted from providing inappropriate gifts or misleading/inaccurate information to doctors to promote using a drug. Promotional products are included in this definition.

Pharmaceutical companies that violate the law would be fined between $15,000 and $250,000 per violation, and healthcare professionals would be fined between $5,000 and $10,000 per violation.

The state's health department would be responsible for enforcement, but would rely on complaints to identify violators. All PPAI members in Colorado and New York are urged to communicate with their legislators today.

For a list of lawmakers and a sample letter to mail, fax and e-mail to legislators, go to www.ppailaw.org and click on your state.


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