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| 2 | 2 | | SENATE DOCKET, NO. 2143 FILED ON: 1/20/2023 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1419 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Mark C. Montigny |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act to prevent undue influence on prescriber behavior. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Mark C. MontignySecond Bristol and Plymouth 1 of 3 |
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| 16 | 16 | | SENATE DOCKET, NO. 2143 FILED ON: 1/20/2023 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1419 |
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| 18 | 18 | | By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1419) of Mark C. Montigny for |
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| 19 | 19 | | legislation to prevent undue influence on prescriber behavior. Public Health. |
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| 20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 21 | 21 | | SEE SENATE, NO. 1480 OF 2021-2022.] |
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| 22 | 22 | | The Commonwealth of Massachusetts |
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| 23 | 23 | | _______________ |
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| 24 | 24 | | In the One Hundred and Ninety-Third General Court |
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| 25 | 25 | | (2023-2024) |
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| 26 | 26 | | _______________ |
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| 27 | 27 | | An Act to prevent undue influence on prescriber behavior. |
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| 28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 29 | 29 | | of the same, as follows: |
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| 30 | 30 | | 1 SECTION 1. Section 1 of chapter 111N of the General Laws, as appearing in the 2020 |
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| 31 | 31 | | 2Official Edition, is hereby amended by inserting before the definition of “Person” the following |
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| 32 | 32 | | 3definition:- |
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| 33 | 33 | | 4 “Modest Meals and Refreshments,” food and/or drinks provided by or paid for by a |
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| 34 | 34 | | 5pharmaceutical or medical device manufacturing company or agent to a health care practitioner, |
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| 35 | 35 | | 6the cost of which does not exceed the allowance defined by the U.S. General Services |
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| 36 | 36 | | 7Administration for the Massachusetts per diem localities. The allowable amounts for modest |
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| 37 | 37 | | 8meals and refreshments shall be updated on an annual basis in accordance with the U.S. General |
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| 38 | 38 | | 9Services Administration meal allowance rates. 2 of 3 |
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| 39 | 39 | | 10 SECTION 2. Clause (6) of the third paragraph of section 2 of said chapter 111N is hereby |
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| 40 | 40 | | 11amended by adding after the word “regulation” the following words:- consistent with section 1 |
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| 41 | 41 | | 12of this chapter. For the purposes of this section, presentations that occur in a manner conducive |
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| 42 | 42 | | 13to informational communication shall prohibit the provision of and pharmaceutical or medical |
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| 43 | 43 | | 14device manufacturing company payment for any form of alcoholic beverage. Meals and |
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| 44 | 44 | | 15refreshments shall be provided within the context of the informational presentation, and shall not |
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| 45 | 45 | | 16occur prior to or following the educational presentation. Presentations shall not occur in locations |
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| 46 | 46 | | 17that are otherwise recreational in nature, including, but not limited to, resorts, sporting clubs, |
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| 47 | 47 | | 18casinos or other vacation destinations. |
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| 48 | 48 | | 19 SECTION 3. Section 2A of said chapter 111N is hereby amended by inserting, after |
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| 49 | 49 | | 20clause (3), the following clauses: |
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| 50 | 50 | | 21 (4) total amount spent on meals for such presentation; |
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| 51 | 51 | | 22 (5) total amount spent on the venue for such presentation; |
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| 52 | 52 | | 23 (6) a description of the content of such presentation; |
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| 53 | 53 | | 24 (7) total number of prescriber attendees at such presentation; |
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| 54 | 54 | | 25 (8) names of attendees present at such presentation; |
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| 55 | 55 | | 26 (9) names and credentials of presenters at such presentation; and |
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| 56 | 56 | | 27 (10) total amount spent on other items of economic value provided at such presentation. 3 of 3 |
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| 57 | 57 | | 28 SECTION 4. Subsection (1) of section 6 of said chapter 111N is hereby amended by |
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| 58 | 58 | | 29adding the following sentence:- The department of public health shall collect receipts for all |
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| 59 | 59 | | 30required reporting expenditures pursuant to this section and section 2A of this chapter. |
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