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We have been informed that as of January 1, 2009 drug reps will no longer be

able to distribute marketing items such as pens, pads, etc. that have their name

on them.  Does anyone know if this law applies to physical therapy marketing?

Lane Blondheim

Active Health and Rehab

Montgomery, AL

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Jane

We are seeing a large number of local institutions " choose " to have a

no solicitation policy in their hospital or clinic but I am not aware

of a " law " prohibiting such a thing. The antikickback laws may come

into play if the gift is of adequate value but should not affect an

item as low in value as a pen etc.

As always, we should look to the evidence for any statement like

this. When you say you have " been informed " , by whom and with what

authority to make such a statement?

Thanks

>

> We have been informed that as of January 1, 2009 drug reps will no

longer be able to distribute marketing items such as pens, pads, etc.

that have their name on them.  Does anyone know if this law applies

to physical therapy marketing?

>

> Lane Blondheim

> Active Health and Rehab

> Montgomery, AL

>

>

>

>

>

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,

Thanks for the reply to my post (via my office manager).

The source is a series of drug reps and a pharmicist in private

practice for home IV infusion. Apparently, there is a new federal

law enforcing NO gifts by pharmaceutical companies.

One in particular stated that they cannot even give out pens with

names/logos on them.

Another drug rep is coming to my office again today. I will be sure

to ask her (a veteran of that job description).

We have dealt with the institutions that do not allow solicitation.

That is a relatively easy " end-around " move.

Stopping PT's from these inexpensive gifts will make marketing harder

for us all. Yes, it will save us a few percentage points on our

bottom lines, but those items help those of us in competitive markets

out a lot.

Should anyone have info on this, it would be appreciated by all of us

in private practice.

Lane Blondheim, PT, MT

Active Health and Rehab

Montgomery, AL

> >

> > We have been informed that as of January 1, 2009 drug reps will

no

> longer be able to distribute marketing items such as pens, pads,

etc.

> that have their name on them.  Does anyone know if this law applies

> to physical therapy marketing?

> >

> > Lane Blondheim

> > Active Health and Rehab

> > Montgomery, AL

> >

> >

> >

> >

> >

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On this drug rep note, I am wondering what may be changing: I just

walked into a large orthopedic practice in the Atlanta area this

afternoon while marketing our PT services. I had a Happy Holidays

card, a Holiday photo of our practice personnel, new referral pads

with our info/maps on them, and a small box of chocolates for the

staff. Three staff members readily spoke up that the group has a new

policy and can no longer accept any gifts, regardless of the value. we

chatted a bit about our locations and services, but could not take the

chocolates. When I inquired further, they also told me that they

stopped scheduling any lunches/breakfasts for any " vendors " of any

kind. They cited corporate compliance. I have been aware for years

about accepting gifts personally that have substantial value, say $50

or more, but this particular policy is new and bold to me. On one

hand, this may be welcomed as it spreads throughout the

country...........Are others finding similar experiences, and does

this relate to the drug rep question posed by Lane? If someone is

familiar, can you please cite the reference - probably OIG?

Don Walsh, PT, MS, OCS

Northeast Georgia Medical Center

> >

> > We have been informed that as of January 1, 2009 drug reps will no

> longer be able to distribute marketing items such as pens, pads, etc.

> that have their name on them.  Does anyone know if this law applies

> to physical therapy marketing?

> >

> > Lane Blondheim

> > Active Health and Rehab

> > Montgomery, AL

> >

> >

> >

> >

> >

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Lane:

As stated in an earlier post, this is a " voluntary code " that is

influencing the stance of healthcare institutions' policies on

solicitation in general.

There IS a federal Anti-Kickback Statute which is the main federal law

that regulates the conduct that this code addresses.

Here is an article that covers the federal Anti-Kickback Statute and

Stark Laws:

http://findarticles.com/p/articles/mi_m3257/is_3_54/ai_60139659

Here is a link for more info on the PhRMA code (summarized below):

www.phrma.org.

The code has been instituted by the Pharmaceutical Research and

Manufacturers of America (PhRMA) to set standards around pharma's

responsible interaction with healthcare professionals. The code,

taking effect January of 2009, says that interactions should stick to

medical and scientific issues:

• Prohibits distribution of non-educational items (such as pens, mugs

and other " reminder " objects typically adorned with a company or

product logo) to healthcare providers and their staff.

• Prohibits company sales representatives from providing restaurant

meals to healthcare professionals, but allows them to provide

occasional meals in healthcare professionals' offices in conjunction

with informational presentations.

• Includes new provisions that require companies to ensure that their

representatives are sufficiently trained about applicable laws,

regulations and industry codes of practice – including this Code –

that govern interactions with healthcare professionals.

• Provides that each company will state its intentions to abide by the

Code and that company CEOs and Compliance Officers will certify each

year that they have processes in place to comply, a process patterned

after the concept of Sarbanes-Oxley compliance mechanisms.

• Indicates that it is inappropriate for pharma companies to fund CME

and other educational events sponsored or conducted by healthcare

practitioners.

PhRMA will post on its Web site a list of all companies that announce

their pledge to follow the Code.

Hope this helps,

---

Larkin

VP of Marketing

Chart Links

New Haven, CT

> > >

> > > We have been informed that as of January 1, 2009 drug reps will

> no

> > longer be able to distribute marketing items such as pens, pads,

> etc.

> > that have their name on them.  Does anyone know if this law applies

> > to physical therapy marketing?

> > >

> > > Lane Blondheim

> > > Active Health and Rehab

> > > Montgomery, AL

> > >

> > >

> > >

> > >

> > >

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