New California law mandates adherence to voluntary codes
A law slated to hit California law books July 1 is aimed at mandating pharma's compliance with two voluntary codes on marketing of prescription drugs.
California bill SB 1765 requires pharmaceutical companies to adopt a "Comprehensive Compliance Program" that is in accord with OIG's 2003 Compliance Program Guidance, as well as PhRMA's Code of Interactions with Healthcare Professionals. Until now, adherence to either of these codes has not been mandatory.
Pharmas also must establish a limit on gifts or incentives provided to healthcare professionals, per the OIG and PhRMA guidelines.
Excluded from the gift requirement are drug samples, grants for continuing medical education and health education scholarships.
Finally, pharmas must annually declare their compliance with the new law in writing and make their compliance programs accessible online.
SB 1765, which also applies to some medical device companies, was signed by California Governor Arnold Schwarzenegger in September of last year.