Last fall, the California governator signed into law SB 1765, which from my understanding puts legal teeth behind the requirements of the voluntary PhRMA Code and the OIG Guidance. This afternoon, I spoke with a couple of gentlemen in California who are wondering exactly how to comply with SB 1765, especially in the grayer areas and the areas that aren't in complete agreement with the ACCME Standards for Commercial Support. My best advice was that they couldn't go wrong by following whichever requirements are the strictest among the various rules, codes, and laws; and to have copies of the law to hand to any commercial supporters they work with so they can show why they have to have the restrictions they do.
If anyone from California is reading this, we all would love to know how you're dealing with this new law in your state. Are you spending a lot of time educating your commercial supporters on what they can and can't do? Are you doing anything differently than you were before? Are commercial supporters more leery of CME in your state now that they could face legal consequences on a state as well as federal level? If you have any answers, please e-mail me or drop a comment below. Thanks!
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