I just got an e-mail from someone with a question I can't answer about California Senate Bill 1765. Does this legislation apply to medical conventions held outside of the state of California where California healthcare professionals attend, or is just intended for when a pharma is in California doing business with a California healthcare professional?
If you know the answer, please drop me an e-mail or leave a comment below. Thanks!
Update: Thanks to Debra Gist, MPH, who recently opened a CME consulting business, for hunting down this advisory on SB 1765. According to attorney John Krave, who wrote the advisory, this is still a gray area:
- Unclear Geographical Limits. SB 1765 applies to pharmaceutical companies that operate within California, but fails to describe the impact of foreign state operations. Does SB 1765 require a company with a California presence to comply with PhRMA marketing limits in its Florida operations? The question is especially difficult if the company operates outside the OIG/PhRMA Guidelines but does not violate any laws in the process. Can the company truthfully post the required declaration if it has engaged in legal violations or has a flawed compliance program in a foreign state or country.