Articles

03Mar

Bill in Maryland Amended to Exempt Pharma MR Incentives for Doctors - H.B. 818

Maryland Delegate Nic Kipke (R-31) withdrew H.B. 818, which would have banned most payments from pharmaceutical and medical device manufacturers to health care professionals, likely including incentives for participation in marketing research.

MRA Action

MRA testified on this bill on March 3 at a hearing of the House Healthcare and Government Operations Committee in Annapolis.

After extensive discussions with MRA, Delegate Kipke had agreed to amend H.B. 818 to exclude, “Payments to health care professionals for participation in bona fide marketing research conducted by a third party, where such payments are made by that third party and the sponsoring manufacturer is unaware of the identify of the participating health care professionals.”

The amendment would have defined “bona fide marketing research” to mean “the collection and analysis of data regarding opinions, needs, awareness, knowledge, views and behaviors of a population, through the administration of surveys, interviews, focus groups, polls, observation, or other research methodologies, in which no sales, promotional or marketing efforts are involved and through which there is no attempt to influence a participant’s attitudes or behavior.”

Conclusion

Since this amendment would have protected incentives for research with health care professionals, MRA supported H.B. 818 as amended. We will continue to work with Delegate Kipke should he return to working on this sort of legislation in the future.

About the Author

Howard Fienberg

Howard Fienberg

Based in Washington, DC, Howard is the Insights Association's lobbyist for the marketing research and data analytics industry, focusing primarily on consumer privacy and data security, the Telephone Consumer Protection Act (TCPA), tort reform, and the funding and integrity of the decennial Census and the American Community Survey (ACS). Howard has more than two decades of public policy experience. Before the Insights Association, he worked in Congress as senior legislative staffer for then-Representatives Christopher Cox (CA-48) and Cliff Stearns (FL-06). He also served more than four years with a science policy think tank, working to improve the understanding of scientific and social research and methodology among journalists and policymakers. Howard is also co-director of The Census Project, a 900+ member coalition in support of a fair and accurate Census and ACS. He has also served previously on the Board of Directors for the National Institute for Lobbying and Ethics and and the Association of Government Relations Professionals. Howard has an MA International Relations from the University of Essex in England and a BA Honors Political Studies from Trent University in Canada, and has obtained the Certified Association Executive (CAE), Professional Lobbying Certificate (PLC) and the Public Policy Certificate (PPC). When not running advocacy for the Insights Association, Howard enjoys hockey, NFL football, sci-fi and horror movies, playing with his dog, and spending time with family and friends.

Attachments

  1. kipke_pharma_mr_amendment_2011.pdf 6/28/2022 9:25:53 PM

Related

Fighting for You: November 2022 Legislative and Regulatory Update

Fighting for You: November 2022 Legislative and Regulatory Update

With American Thanksgiving now in the rearview mirror, let’s look back at the biggest challenges th...

Read More >
IA Urges U.S. Labor Department to Treat Research Subjects as Independent Contractors

IA Urges U.S. Labor Department to Treat Research Subjects as Independent Contractors

New federal labor rules could mistakenly classify "participants in surveys, focus groups, and o...

Read More >
Fighting for You: October 2022 Legislative and Regulatory Update

Fighting for You: October 2022 Legislative and Regulatory Update

Consumer data privacy and security concerns, including progress towards a new trans-Atlantic data de...

Read More >
New Independent Contractor Status Rules Proposed by Biden Labor Department

New Independent Contractor Status Rules Proposed by Biden Labor Department

The U.S. Department of Labor (DOL), having yanked a Trump Administration regulation of independent c...

Read More >
Fighting for You: September 2022 Legislative and Regulatory Update

Fighting for You: September 2022 Legislative and Regulatory Update

Temperatures may be cooling as the calendar turns to autumn, but legislative issues are heating up a...

Read More >
Maryland H.B. 962 Expands State Data Security Law

Maryland H.B. 962 Expands State Data Security Law

A new law in Maryland, H.B. 962, expands the state’s data security breach notification requirements.

Read More >
Members only Article - Please login to view