CLSA Successfully Leads Effort to Defeat Bill Restricting Doctor-Industry Interactions
Sept. 19, 2017
On Sept. 11, Senate Bill 790 (McGuire) was placed on the inactive file, meaning that, while the bill is dead for this year, it will be eligible to be heard again once the legislature reconvenes in early January 2018.
SB 790 would have restricted all “gifts,” as defined, from manufacturers to physicians unless it fell under one of many, often confusing, exceptions. For instance, meals were either permitted or restricted in an education context depending on various circumstances, while “coffee or other snacks or refreshments” served at a booth were broadly exempt. Furthermore, while many expenses associated with “research projects” or clinical trials were permitted, questions remained around the status of many more associated activities, such as equipment loans and allowing free use of lab space. It was also unclear the extent to which activities performed under a “Compassionate Use” Investigational New Drug (IND) application would be permitted.
CLSA served as the lead for our industry on advocating against SB 790, and, in addition to lobbying in the Capitol, CLSA spearheaded an aggressive letter-writing campaign that resulted in over 450 letters from constituents to members of the legislature, urging opposition to the measure.
We anticipate the bill will return next year, though it is unclear how similar that bill will be to the final version of SB 790 on the record, though substantial amendments beyond that version of the bill were discussed prior to the close of the legislative session.
CLSA will continue to aggressively oppose this legislation and coordinate with fellow stakeholders both within and outside of the industry in doing so. Questions? Please contact Brett Johnson, CLSA’s Senior Director, Policy & Regulatory Affairs (BJohnson@califesciences.org).