Drug and Medical Device Company Gift Disclosure Act

To require the manufacturers, packers, and distributors of prescription drugs and medical devices to disclose certain gifts provided in connection with detailing, promotional, or other marketing activities, and for other purposes.

7/12/2007--Introduced.
Drug and Medical Device Company Gift Disclosure Act - Amends the Federal Food, Drug, and Cosmetic Act to require prescription drug or medical device manufacturers, packers, and distributors to annually disclose to the Commissioner of Food and Drugs the value, nature, and purpose of any :
(1) gift made in connection with detailing, promotion, or other marketing activity to any physician, nurse, therapist, hospital, nursing home, pharmacist, health benefit plan administrator, or any other person authorized to prescribe or dispense prescription drugs; and
(2) cash rebate, discount, or other financial consideration given to any pharmaceutical benefit manager in connection with such marketing activities. Defines "gift" to include any fee, payment, subsidy, amenity, object, service, or other economic benefit, except:
(1) free samples of prescription drugs;
(2) reasonable compensation and reimbursement of expenses in connection with a bona fide clinical trial; and
(3) certain scholarships or other support for medical students, residents, or fellows to attend conferences. Applies such provisions only if the total value of the gift or gifts is $50 or more during the calendar year. Requires the Commissioner to:
(1) make such information available to the public; and
(2) keep confidential any information related to a trade secret. Establishes civil penalties for violations.
Gives the Commissioner authority to investigate compliance with this Act. Authorizes the Commissioner to file a petition in the United States District Court for an order requiring submission of a report or other appropriate relief.


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Sponsor

• Rep. Peter DeFazio [D, OR-4]
• and 4 Co-Sponsors
  • Rep. Ben Chandler [D, KY-6]
  • Rep. Maurice Hinchey [D, NY-22]
  • Rep. Fortney Stark [D, CA-13]
  • Rep. Henry Waxman [D, CA-30]
  close

Committees

• House Energy and Commerce
• 1 more
  • House Energy and Commerce
  close

Amendments

This bill has no amendments.

Amendments to H.R.3023

Number	Status	Purpose

Bill Status

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Introduced		Voted on by House		Voted on by Senate		Considered By President		Bill Becomes Law
July 12, 2007

Show All Actions (3 actions)Hide Actions

All Bill Actions

• Jul 12, 2007: Referred to the Subcommittee on Health.
• Jul 12, 2007: Referred to the House Committee on Energy and Commerce.
• Introduced on Jul 12, 2007.

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Related Issue Areas:

• Medical supplies
• Trade secrets
• Sales promotion
• Rebates
• 26 more
• Prescription pricing
• Physicians
• Pharmacists
• Nursing homes
• Nurses
• Medical personnel
• Medical instruments and apparatus
• Medical care
• Marketing
• Law
• Injunctions
• Hospitals
• Health policy
• Health maintenance organizations
• Health insurance
• Governmental investigations
• Government publicity
• Government paperwork
• Government information
• Gifts
• Fines (Penalties)
• Drugs
• Drug industry
• Business records
• Business
• Medicine

Data from the Congressional Research Service

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Blog Coverage

July 11, 2007 Bill Action: Introduced: HR 3023: To require the manufacturers ...

Peter DeFazio [D-OR] introduced HR 3023: To require the manufacturers, packers, and distributors of prescription drugs and medical devices to disclose certain gifts provided in connection with detailing, promotional, or other marketing ...

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July 11, 2007 HR 3023, To require the manufacturers, packers, and distributors ...

HR 3023 would require the manufacturers, packers, and distributors of prescription drugs and medical devices to disclose certain gifts provided in connection with detailing, promotional, or other marketing activities....

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