Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S767 Compare Versions

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22 SENATE DOCKET, NO. 964 FILED ON: 1/18/2023
33 SENATE . . . . . . . . . . . . . . No. 767
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Jason M. Lewis
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act to define modest meals and refreshments in prescriber education settings.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :Jason M. LewisFifth Middlesex 1 of 3
1616 SENATE DOCKET, NO. 964 FILED ON: 1/18/2023
1717 SENATE . . . . . . . . . . . . . . No. 767
1818 By Mr. Lewis, a petition (accompanied by bill, Senate, No. 767) of Jason M. Lewis for
1919 legislation to define modest meals and refreshments in prescriber education settings. Health
2020 Care Financing.
2121 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2222 SEE SENATE, NO. 790 OF 2021-2022.]
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Third General Court
2626 (2023-2024)
2727 _______________
2828 An Act to define modest meals and refreshments in prescriber education settings.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 SECTION 1. Section 1 of Chapter 111N of the General Laws, as appearing in the 2020
3232 2Official Edition, is hereby amended by inserting before the definition of “Person” the following
3333 3definition:-
3434 4 “Modest Meals and Refreshments,” food and/or drinks provided by or paid for by a
3535 5pharmaceutical or medical device manufacturing company or agent to a health care practitioner,
3636 6the cost of which does not exceed the allowance defined by the United States General Services
3737 7Administration for the Massachusetts per diem localities. The allowable amounts for modest
3838 8meals and refreshments shall be updated on an annual basis in accordance with the United States
3939 9General Services Administration meal allowance rates. 2 of 3
4040 10 SECTION 2. Section 2 of Chapter 111N of the General Laws, as appearing in the 2020
4141 11Official Edition, is hereby amended by striking out, in line 84, the words “; provided that the
4242 12department shall define modest meals and refreshments through regulation”.
4343 13 Section 3. The sixth paragraph of section 2 of Chapter 111N of the General Laws, as
4444 14appearing in the 2020 Official Edition, is hereby amended by inserting, in line 84, after the
4545 15words “in section 2A.”, the following sentences:-
4646 16 For the purposes of this section, presentations that occur in a manner conducive to
4747 17informational communication shall prohibit the provision of and pharmaceutical or medical
4848 18device manufacturing company payment for any form of alcoholic beverage. Meals and
4949 19refreshments shall be provided within the context of the informational presentation, and shall not
5050 20occur prior to or following the educational presentation. Presentations shall not occur in locations
5151 21that are otherwise recreational in nature, including, but not limited to, resorts, sporting clubs,
5252 22casinos or other vacation destinations.
5353 23 SECTION 3. Section 2A of Chapter 111N of the General Laws, as appearing in the 2020
5454 24Official Edition, is hereby amended by inserting, after clause (3), the following items:
5555 25 (4) total amount spent on meals for such presentation;
5656 26 (5) total amount spent on the venue for such presentation;
5757 27 (6) a description of the content of such presentation;
5858 28 (7) total number of prescriber attendees at such presentation;
5959 29 (8) names of attendees present at such presentation; 3 of 3
6060 30 (9) names and credentials of presenters at such presentation; and
6161 31 (10) total amount spent on other items of economic value provided at such presentation.
6262 32 SECTION 4. Subsection (1) of section 6 of Chapter 111N of the General Laws, as
6363 33appearing in the 2016 Official Edition, is hereby amended by adding the following sentence:-
6464 34 The department of public health shall collect receipts for all required reporting
6565 35expenditures pursuant to this section and section 2A of this chapter.