Revisions to the Limitations on and Obligations Associated with Prescriber Acceptance of Compensation from Pharmaceutical Manufacturers law, N.J.A.C. 13:45J-1.1 et seq. (NJ Gift Ban Law), have been proposed by the New Jersey Attorney General. The NJ Gift Ban Law, originally adopted effective January 16, 2018 and previously discussed on this blog, drew swift scrutiny and prompted these proposed revisions.

Proposed changes to the NJ Gift Ban Law include the following:

  1. Clarification of the definition of “prescriber” (i.e., physicians, podiatrists, physician assistants, advanced practice nurses, dentists, optometrists) to those that have an active New Jersey license, and either practice in New Jersey or have patients in New Jersey.
  2. Revisions to the definition of “modest meals” to change the fair market value limitations for breakfast and lunch to $15.00 and dinner to $ 30.00 per prescriber, which shall be adjusted annually based on the Consumer Price Index. Additionally, fair market value does not include the standard delivery fees, service fees, facility rental fee charges, or tax.
  3. Clarification that prescribers may accept meals provided through an event organizer at an education event, even if the event is supported by a manufacturer, and that such meals are not subject to the $15/$30 meal limitations or the bona fide services cap of $10,000/year.
  4. Clarification that prescribers may accept modest meals provided by a manufacturer to non-faculty prescribers through promotional activities, which are not subject to the bona fide services cap  of $10,000/year.

Parties interested in submitting written comments to these proposed changes to the NJ Gift Ban Law must do so by October 5, 2018 to:

Maryann Sheehan, Director, Legislative and Regulatory Affairs
Division of Consumer Affairs
124 Halsey Street, 7th Floor
PO Box 45027
Newark, New Jersey 07101
or electronically at: www.njconsumeraffairs.gov/Proposals/Pages/default.aspx.

 

Posted by Sarah K. diFrancesca