Opponents of the notorious gift ban in Massachusetts may have been given a false sense of hope last month when the gift ban was struck down in the House. The ban, which prohibits pharmaceutical and medical device companies from giving gifts -- including meals -- to doctors, was upheld, failing to make it into the final economic development bill.

Massachusetts Rep. Jason Lewis proved correct in his prediction that it was “highly unlikely” for the ban to be repealed, which he told DOTmed News last month. He pointed out that two key players in the state Senate supported the law, which worked to prevent company-physician conflict of interest.

"In some cases, [direct physician marketing] might put profit before the best interests of patients," Lewis told DOTmed News last month.
The gift ban was passed in 2008 but only went into effect in July 2009. Supporters of the law said it was too early to repeal it because not enough time was given to determine its effects. Critics said it discouraged out-of-state companies from doing business in Massachusetts.

“This repeal effort was started by legislators concerned that the law is hurting the state's economy," said Marjorie Powell, Pharmaceutical Research and Manufacturers of America (PhRMA) senior assistant general counsel in prepared remarks e-mailed to DOTmed News. “And it is certainly true that it adds an extra level of administrative complexity for companies in the state. Pharmaceutical marketing is already effectively regulated by such federal government agencies as the Food and Drug Administration.”

Tom Tremble, AdvaMed's vice president of state government affairs, said the law hasn't been in place long enough to judge its effects. He also pointed out that having multiple laws that govern how companies and physicians interact can be problematic.

"It does not help to have different requirements," Tremble told DOTmed News. "One national standard covers it."

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