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. 2010 Feb;45(1):98-114.
doi: 10.1111/j.1475-6773.2009.01048.x. Epub 2009 Oct 13.

Show us the money: lessons in transparency from state pharmaceutical marketing disclosure laws

Affiliations

Show us the money: lessons in transparency from state pharmaceutical marketing disclosure laws

Susan Chimonas et al. Health Serv Res. 2010 Feb.

Abstract

Objective: To assess legislation requiring drug companies to report gifts to providers, and to evaluate the information obtained.

Data sources: Data included legislation in Vermont, Minnesota, Maine, Massachusetts, West Virginia, and the District of Columbia, and company disclosure data from Vermont.

Study design: We evaluated the strengths and weaknesses of state legislation. We also analyzed 4 years of company disclosures from Vermont, assessing the value and distribution of industry-provider exchanges and identifying emerging trends in companies' practices.

Data collection methods: State legislation is publically available. We obtained Vermont's data through requests to the state's Attorney General's office.

Principal findings: Of the state laws, only Vermont's yielded robust, publically available data. These data show gifting was dominated by a few major corporations, and <2 percent of Vermont's prescribers received 69 percent of gifts and payments. Companies were especially generous to specialists in psychiatry, endocrinology/diabetes/metabolism, internal medicine, and neurology. Companies increasingly used loopholes in the law to avoid public scrutiny.

Conclusions: Disclosure laws are an important first step in bringing greater transparency to physician-industry relationships. But flaws and weaknesses limit the states' ability to render physician-industry exchanges fully transparent. Future efforts should build on these lessons to render physician-industry relationships fully transparent.

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Figures

Figure 1
Figure 1
Industry Payments to Vermont Physicians, Fiscal Year 2003–Fiscal Year 2006 Note. Payment types may be overlapping. Additional payment types (e.g., cash/check, donation/grant, consulting) appear in the data. This chart displays the five largest, by dollar value, appearing in all 4 years' reports. Sources: Vermont Attorney General's Office's Annual Reports.
Figure 2
Figure 2
Trends in Industry Payments to Top Specialties, Fiscal Year 2004–Fiscal Year 2006 Sources: Vermont Attorney General's Office's Annual Reports and Non-trade-Secret Data.
Figure 3
Figure 3
Prevalence of Trade Secrets, Fiscal Year 2003–Fiscal Year 2006 Sources: Vermont Attorney General's Office's Annual Reports and Non-trade-Secret Data.
Figure 4
Figure 4
Use of Trade Secrets Provision, by Company Rank, Fiscal Year 2003–Fiscal Year 2006 Sources: Vermont Attorney General's Office's Annual Reports and Non-trade-Secret Data.

References

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    1. District of Columbia Municipal Regulations. “Prescription Drug Marketing Costs, Chapter 18, Title 22” [accessed on December 2, 2008]. Available at http://hrla.doh.dc.gov/hrla/lib/hrla/pharmacy_control/chapter.18.accessr....
    1. Earl R, Pride W. Do Disclosure Attempts Influence Claim Believability and Perceived Advertiser Credibility? Journal of the Academy of Marketing Science. 1984;12(1–2):23–37.
    1. Harris G. “Psychiatrists Top List in Drug Maker Gifts.”The New York Times, 27 June.

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