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Important Alert! Modification of the New Jersey Pharma Restrictions for Medical Practitioners

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By Nan Gallagher, Esq.

On August 6, 2018, the Department of Law and Public Safety, Division of Consumer Affairs, issued a proposed rule authorized by the Attorney General to relax certain limitations on prescriber acceptance of compensation from pharmaceutical manufacturers. The rules currently allow pharmaceutical manufacturers to provide a “modest meal” limited to $15.00 at an educational or promotional event for prescribers (NJ licensed physicians, podiatrists, PAs, APNs, dentists/optometrists). The new rules would relax this regulation and allow for $15 for breakfast/$30 limit for dinner as adjusted by CPI.  There would be no cap for meals provided at an educational event or to non-faculty prescribers. The regulations enhance the definition of “prescriber,” “modest meal” and add the term “CPI Index”. The proposed amendment reportedly is due to the Attorney General’s recognition of the educational value of learning about disease states and treatment options to further the educational exchange between practitioners and pharmaceutical manufacturers for the benefit of patient care. There is a 60 day comment period on this rule.

We are happy to report that our medical society clients were integral in the relaxation of the new law that only recently went into effect and to Laurie Clark, their lobbyist.  Another important value of membership.

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