Massachusetts General Laws, Chapter 111N, the Pharmaceutical and Medical Device Manufacturer Code of Conduct or "Massachusetts Marketing Code of Conduct" was created as part of Chapter 305 of the Acts of 2008, An Act to Promote Cost Containment, Transparency and Efficiency in the Delivery of Quality Health Care.
The Massachusetts Pharmaceutical and Medical Device Manufacturer Code of Conduct statute and the Department of Public Health implementing regulation (105 CMR 970.000) establish standards for certain interactions between the pharmaceutical and medical device industry and health care providers and health benefit plan administrators.
The code applies to pharmaceutical and medical device manufacturers that employ or contract with any person to sell or market prescription drugs or medical devices in Massachusetts.
The code expressly prohibits certain activities and in some cases places restrictions on how activities may be conducted. The purpose of the code of conduct is to:
- limit sales and marketing activities between pharmaceutical and medical device manufacturers and health care providers that may influence prescribing patterns and/or adversely affect patient care, and
- increase transparency with regard to industry interactions with health care providers, health care administrators (responsible for purchasing drugs and medical devices ) and health plan benefits administrators.
The Massachusetts Marketing Code of Conduct incorporates requirements from the voluntary Codes of Conduct of the Pharmaceutical Research and Manufacturers of America (PhRMA) and the Advanced Medical Technology Association (AdvaMed), the national trade organizations for the pharmaceutical, biotechnology and medical technology industries.
If you would like more detailed information about the regulation and requirements, the links below will direct you to:
- Department of Public Health Regulation (105 CMR 970.000) - 12-07-2012
- Public Health Council Memorandum - 11-21-2012
- Public Health Council Memorandum (archive)
March 11, 2009 memorandum presented to the Public Health Council prior to its vote to approve the regulation.
Frequently Asked Questions
If you have questions about the regulation, please email: firstname.lastname@example.org.
This information is provided by the Division of Health Care Facility Licensure and Certification within the Department of Public Health.
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