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2 | 2 | | SENATE DOCKET, NO. 964 FILED ON: 1/18/2023 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 767 |
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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 | | Jason M. Lewis |
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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 define modest meals and refreshments in prescriber education settings. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Jason M. LewisFifth Middlesex 1 of 3 |
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16 | 16 | | SENATE DOCKET, NO. 964 FILED ON: 1/18/2023 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 767 |
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18 | 18 | | By Mr. Lewis, a petition (accompanied by bill, Senate, No. 767) of Jason M. Lewis for |
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19 | 19 | | legislation to define modest meals and refreshments in prescriber education settings. Health |
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20 | 20 | | Care Financing. |
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21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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22 | 22 | | SEE SENATE, NO. 790 OF 2021-2022.] |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Third General Court |
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26 | 26 | | (2023-2024) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act to define modest meals and refreshments in prescriber education settings. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 SECTION 1. Section 1 of Chapter 111N of the General Laws, as appearing in the 2020 |
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32 | 32 | | 2Official Edition, is hereby amended by inserting before the definition of “Person” the following |
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33 | 33 | | 3definition:- |
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34 | 34 | | 4 “Modest Meals and Refreshments,” food and/or drinks provided by or paid for by a |
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35 | 35 | | 5pharmaceutical or medical device manufacturing company or agent to a health care practitioner, |
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36 | 36 | | 6the cost of which does not exceed the allowance defined by the United States General Services |
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37 | 37 | | 7Administration for the Massachusetts per diem localities. The allowable amounts for modest |
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38 | 38 | | 8meals and refreshments shall be updated on an annual basis in accordance with the United States |
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39 | 39 | | 9General Services Administration meal allowance rates. 2 of 3 |
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40 | 40 | | 10 SECTION 2. Section 2 of Chapter 111N of the General Laws, as appearing in the 2020 |
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41 | 41 | | 11Official Edition, is hereby amended by striking out, in line 84, the words “; provided that the |
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42 | 42 | | 12department shall define modest meals and refreshments through regulation”. |
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43 | 43 | | 13 Section 3. The sixth paragraph of section 2 of Chapter 111N of the General Laws, as |
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44 | 44 | | 14appearing in the 2020 Official Edition, is hereby amended by inserting, in line 84, after the |
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45 | 45 | | 15words “in section 2A.”, the following sentences:- |
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46 | 46 | | 16 For the purposes of this section, presentations that occur in a manner conducive to |
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47 | 47 | | 17informational communication shall prohibit the provision of and pharmaceutical or medical |
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48 | 48 | | 18device manufacturing company payment for any form of alcoholic beverage. Meals and |
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49 | 49 | | 19refreshments shall be provided within the context of the informational presentation, and shall not |
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50 | 50 | | 20occur prior to or following the educational presentation. Presentations shall not occur in locations |
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51 | 51 | | 21that are otherwise recreational in nature, including, but not limited to, resorts, sporting clubs, |
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52 | 52 | | 22casinos or other vacation destinations. |
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53 | 53 | | 23 SECTION 3. Section 2A of Chapter 111N of the General Laws, as appearing in the 2020 |
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54 | 54 | | 24Official Edition, is hereby amended by inserting, after clause (3), the following items: |
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55 | 55 | | 25 (4) total amount spent on meals for such presentation; |
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56 | 56 | | 26 (5) total amount spent on the venue for such presentation; |
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57 | 57 | | 27 (6) a description of the content of such presentation; |
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58 | 58 | | 28 (7) total number of prescriber attendees at such presentation; |
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59 | 59 | | 29 (8) names of attendees present at such presentation; 3 of 3 |
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60 | 60 | | 30 (9) names and credentials of presenters at such presentation; and |
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61 | 61 | | 31 (10) total amount spent on other items of economic value provided at such presentation. |
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62 | 62 | | 32 SECTION 4. Subsection (1) of section 6 of Chapter 111N of the General Laws, as |
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63 | 63 | | 33appearing in the 2016 Official Edition, is hereby amended by adding the following sentence:- |
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64 | 64 | | 34 The department of public health shall collect receipts for all required reporting |
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65 | 65 | | 35expenditures pursuant to this section and section 2A of this chapter. |
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