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Regulatory Atmosphere Is Issue No. 1 at HCEA

Michael Hart -- Tradeshow Week, 6/24/2008 3:41:00 PM

At the American Society of Clinical Oncology Annual Meeting, held May 30-June 3 at McCormick Place in Chicago, more than one booth had a sign telling health care professionals from Minnesota they were not welcome to take gifts the exhibitor had available for attendees from other states. That’s because Minnesota has the most stringent state law concerning the kinds of gifts pharmaceutical or medical device makers can give to physicians: A manufacturer can’t spend more than $50 in one year on gifts, meals or marketing for any one individual.

The law in Minnesota, those in six other states and bills pending or proposed in four more represented one of the most serious issues discussed during the Healthcare Convention & Exhibitors Assn. Annual Meeting & Exhibition June 21-24 in Salt Lake City.

Even the musical comedy troupe The Water Coolers had something to say about it in a parody during the opening session Sunday when, to the tune of “Those Were the Days,” they sang of the good old days when it was anything goes: “We’d give small towns away, we’d rent Elvis for a day, those were the days, Doc, those were the days.”

Taking the issue more seriously were Kristine Rapp, vice president of global ethics and compliance for Hospira, and Lucy Rose, managing director of life sciences, regulatory and capital markets for Deloitte & Touche, during a well-attended session on the subject.

“Everybody is moving toward more restrictions,” Rapp said.
They pointed to a bill introduced in the U.S. Congress earlier this year called the Federal Physicians Payment Sunshine Bill and action by hospital systems around the country that are becoming more stringent with their own codes of conduct. Rapp and Rose’s worst fears, though, were reserved for what could take place at the state level.

“Massachusetts, this one’s scary,” Rapp said.
The Massachusetts State Senate unanimously passed a bill that would outlaw absolutely all gifts to physicians. The implication for tradeshow exhibitors is that they would be restricted from giving the smallest items (pens, flashlights, etc.) to any doctor from Massachusetts who visits their booths – at a show anywhere in the United States.

The bill is now to be considered for approval by the state house of representatives.

“If that happens, hold on to your seats,” Rapp said.
Rapp and Love’s intention in leading the session on compliance issues was to make health care show managers and exhibitors aware of what could be ahead for them over the next year.
Not everybody at the HCEA meeting was willing to take it lying down.

“I think we should push back a bit,” said Joseph Agnese, senior convention marketing manager for Nova Nordisk Pharmaceuticals. “At some point, we should say enough is enough.”

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