West Virginia Legislative Committee Does Not Act On Drug Advertising Disclosure Rule
- Wednesday, December 20, 2006, 16:30
- Pharma Industry, Public Health
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A West Virginia rule requiring pharmaceutical companies to disclose their advertising and marketing costs in the state is “all but dead” after the Legislative Rule-Making Review Committee on Tuesday did not act on the measure before adjourning for the year, the Charleston Gazette reports (Kabler, Charleston Gazette, 12/13). The rule is a component of the state Pharmaceutical Availability and Affordability Act of 2004 (Kaiser Daily Health Policy Report, 5/30). The committee left the rule pending after Phil Reale, a lobbyist for the Pharmaceutical Research and Manufacturers of America, raised a number questions about the rule, including whether the state Pharmaceutical Cost Management Council had the authority to implement the spending disclosures. Reale also said that the rule ignored confidentiality provisions in the 2004 law. He added that the rule “sends a terrible message to the manufacturing community and the business community at large.” State House Health and Human Resources Committee Chair Don Perdue (D) said if the state is unable to determine the amount of money pharmaceutical companies are spending on direct-to-consumer advertisements and gifts, payments and other incentives for physicians, the council will be “eviscerated” in its attempts to regulate prescription drug costs. Also on Tuesday, AARP Director Frank Bellinetti endorsed the rule. The committee will meet again in January 2007 before the start of the 2007 session to review the rule again. The Gazette reports that “[i]f they fail to advance the rule to the full Legislature at that point, it will be dead” (Charleston Gazette, 12/13).
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