Med students rally to rein in gift ban law

BOSTON, Mass. (WWLP) - Doctors shouldn’t be “shaken or stirred” – That’s what medical students told Governor Deval Patrick in a letter delivered to his office Thursday.  They’re trying to curb a law that they say allows pharmaceutical companies to wine and dine doctors while educating them about their products.

“It’s just a matter of fact that all human being are swayed by gifts,” said Harvard Medical School student David Tian.  “Having meals paid for by industry as a lure for one-sided presentations is not a way to educate yourself responsibly as a physician.”

Since 2008, the state’s Gift Ban Law prevented pharmaceutical companies from treating doctors to fancy dinners.  But the law was eased back over the summer when lawmakers approved a state budget amendment that allowed for “modest meals and refreshments” to be served during educational presentations hosted by drug companies. 

But health advocates and lawmakers have taken issue with how “modest” has been defined by the Department of Public Health.  “Our concern is that the Department of Public Health has put out initial regulations to implement the law and we do not believe they have defined ‘modest’ in a reasonable way,” said Rep. Jason Lewis (D-Winchester).

The DPH, has defined “modest” food or drinks as what doctors might buy when dining out at their own expense. But health advocates say that’s a broad definition because doctors high incomes and can afford a lot.

“It allows wine, fancy drinks, three-course fancy lobster dinners,” said Health Care For All Research Director Brian Rosman.  “We need to have confidence as a patient that your doctor is making the best decision about your drugs based on the medical evidence and not based simply on who took them out for dinner last night.”

Easing restrictions on what’s known as the Gift Ban Law is seen as a major victory for the restaurant and pharmaceutical industries.  A spokesperson from the Restaurant and Business Alliance said his group found the DPH language reasonable.

A hearing on the DPH regulations will be held on Friday at the Public Health Council Room (250 Washington Street, 2 ^nd Floor, Boston, MA) at10am.