SENATE BILL 99

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Dede Feldman

FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE

AN ACT

RELATING TO PRESCRIPTION DRUGS; ENACTING THE HEALTH CARE GIFT DISCLOSURE ACT; REQUIRING DISCLOSURE AND REPORTING OF CERTAIN INFORMATION; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. SHORT TITLE.--This act may be cited as the "Health Care Gift Disclosure Act".

     Section 2. DEFINITIONS.--As used in the Health Care Gift Disclosure Act:

          A. "gift" means any payment, compensation for lectures, monetary advance, coverage of travel expenses, entertainment, food or beverage, services, subsidy or any other economic benefit;

          B. "health care supply marketing" means pharmaceutical detailing, biotechnology, medical device or supply promotion or other marketing and promotional activities provided to a physician, hospital, nursing home, pharmacist, health benefit plan administrator or other person authorized to prescribe, dispense or purchase prescription drugs, biotechnology, medical devices or medical supplies in the state by a person employed by or under contract to a manufacturer or labeler of prescription drugs, biotechnology, medical devices or medical supplies; and

          C. "manufacturer" means a person who manufactures prescription drugs, biotechnology, medical devices or medical supplies for sale or consumption in New Mexico.

     Section 3. HEALTH CARE SUPPLY MANUFACTURERS--DISCLOSURE--EXEMPTIONS--ANNUAL REPORT.--

          A. A manufacturer shall annually report to the office of the attorney general:

                (1) the value, nature and purpose of any gift, fee, payment, subsidy or other economic benefit provided in connection with health care supply marketing; and

                (2) the name and address of the individual responsible for the manufacturer's compliance with the requirements of this section.

          B. The office of the attorney general shall develop a form and manner in which to collect information required by Subsection A of this section and may assess a filing fee to support the administrative cost of implementing the requirements of that subsection.

          C. Exempt from the requirements of Subsection A of this section are:

                (1) free samples of prescription drugs, medical devices or medical supplies for distribution to patients or free use of medical supplies or medical devices available for patients;

                (2) the payment of reasonable compensation and reimbursement of expenses associated with approved clinical research trials; and

                (3) any gift, fee, payment, subsidy or other economic benefit of no more than twenty-five dollars ($25.00) in value.

          D. The office of the attorney general shall compile and report annually to the legislature, and make available to the public, the information provided pursuant to Subsection A of this section. The information that the office of the attorney general shall provide to the public shall be posted as an online database searchable by individual prescribers.  

     Section 4. ENFORCEMENT.--The office of the attorney general may take action to investigate and enforce the requirements of Section 3 of the Health Care Gift Disclosure Act.

     Section 5. APPROPRIATION.--Twenty-five thousand dollars ($25,000) is appropriated from the general fund to the office of the attorney general for expenditure in fiscal year 2010 to implement the provisions of the Health Care Gift Disclosure Act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2010 shall revert to the general fund.

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