Standards for Health Care Communication Act Exposed

The Standards for Health Care Communication Act was considered by ALEC's Health and Human Services Task Force at the 2011 States and Nation Policy Summit on December 2, 2011. This bill was part of the ALEC task force agenda between 2010 and 2012, but due to incomplete information, it is not known if the bill passed in a vote by legislators and lobbyists at ALEC task force meetings, if ALEC sought to distance itself from the bill as the public increased scrutiny of its pay-to-play activities, or if key operative language from the bill has been introduced by an ALEC legislator in a state legislature in the ensuing period or became binding law.

ALEC Draft Bill Text

SUMMARY

This Act ensures that academic detailers are bound to the same standards and rules as those in the private sector. “Academic detailing” is comprised of prescriber outreach programs typically funded by the government or by universities.

Section 1.

This Act may be cited as the “Standards for Health Care Communication Act.”

Section 2. Legislation.

A. Academic detailers shall observe standards of conduct in their educational materials and written and oral presentations as established by rules adopted by the appropriate state department or agency that are consistent with the following federal regulations regarding labeling and false and misleading advertising:

1. The Food and Drug Administration labeling requirements of 21 Code of Federal Regulations;

2. Part 201 (2007) and prescription drug advertising provisions of 21 Code of Federal Regulations; and

3. Part 202 (2007) and the Office of the Inspector General’s Compliance Program Guidance for Pharmaceutical Manufacturers issued in April 2003, as amended.

Section 3. {Severability Clause}

Section 4. {Repealer Clause}

Section 5. {Effective Date}