On July 1, 2009, pharmaceutical and medical device manufacturers of FDA-approved drugs or medical devices doing business in Massachusetts or doing business with health care practitioners (“HCPs”) licensed in Massachusetts (regardless of where benefits are provided or expenditures are made) (“Companies”) must be in compliance with the Massachusetts Code of Conduct Law. This requirement is contained in regulations issued by the Massachusetts Department of Public Health (the “DPH”) on March 11, 2009 (the “Regulations”). The Regulations require such Companies to adopt a code of conduct based upon, and no less restrictive than, the Code on Interactions with Healthcare Professionals developed by the Pharmaceutical Research and Manufacturers of America (“PhRMA Code”) or the Code on Interactions with Healthcare Professionals developed by the Advanced Medical Technology Association (“AdvaMed Code”), as applicable.

For EAPD’s full advisory on this issue, please click here.