Representative DeFazio Sponsors Drug and Medical Device Company Gift Disclosure Act
On July 12, Representative Peter DeFazio and other co-sponsors introduced H.R. 3023, also known as the "Drug and Medical Device Company Gift Disclosure Act," which proposes to mandate that drug and medical device companies disclose annually, and the Food and Drug Administration to publicize on its web site, the value, nature, and purpose of any marketing or promotional gift over $50 given to health professionals. Supporting the legislation, Representative DeFazio's press release states, "There's a difference between educating doctors on the uses and effects of new drugs and enticing healthcare professionals with lavish gifts. This bill will keep the pharmaceutical industry honest."
The bill defines the term “gift” to mean “any gift, fee, payment, subsidy, amenity, object, service, or other economic benefit.” Several items are exempted from the definition, however, including free drug samples and scholarships for medical students and residents.
If passed in its current form, stiff penalties will apply for noncompliance, including civil monetary penalties of not more than $10,000 for each violation.