On June 24, 2013, the Minnesota Board of Pharmacy posted a letter to pharmaceutical manufacturers and drug wholesalers informing them that the Board’s request to the Minnesota legislature to repeal Minnesota Stat. §151.47(1)(f) did not occur. Rather, the Minnesota legislature modified the statute related to reporting obligations. The Minnesota Board of Pharmacy sought repeal of the statute due to implementation of federal reporting obligations that, in part, preempt similar state laws like the Minnesota statute.

According to the Minnesota Board of Pharmacy, there are four significant modifications to Minnesota Statute §151.47(1)(f):
1. Entities licensed only as wholesalers by the Board no longer have to submit reports to the Board;
2. Payments made to sponsors of a medical conference, professional meeting, or other educational program do not need to be reported by manufacturers;
3. Due to preemption under the federal Sunshine law, payments made to physicians (as defined by federal law) no longer need to be reported to the Board; and
4. It appears that manufacturers will need to begin reporting payments to practitioners other than physicians, such as physician assistants, nurse practitioners, veterinarians and dental therapists.

The Board will not require reporting for calendar year 2013.  Additionally, although the Board will seek clarification from the Minnesota legislature during the 2014 legislative session related to item 4, it has directed manufacturers to begin collecting data in 2014 in order to resume reporting to the Board in 2015. Further, the Board reminded manufacturers and wholesalers that Minnesota Stat. §151.461, which limits gifts to practitioners, remains in effect.

Posted by Cooley

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