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Louisiana bills lighten sample requirement, tighten lobbying

Pharma Compliance Alert, June 21, 2006

New legislation in Louisiana may allow sales reps to give drug samples without violating the state ethics code. However, sales reps there will also have to register as lobbyists when trying to get their products on formulary.

Two pieces of Louisiana legislation regarding pharmaceutical sales were sent to Governor Kathleen Blanco last week for executive approval, according to the state senate's Web site.

One piece of legislation excludes pharmaceutical samples from being defined as a "thing of economic value" as it relates to the state's ethics code.

The legislation adds an amendment to the Code of Governmental Ethics, which prohibits public officials from receiving gifts in exchange for certain services. Many doctors in Louisiana work for the state. Previously, pharmaceutical samples were not excluded among the items considered things of economic value.

The amendment states that things of economic value exclude "pharmaceutical samples provided to physicians or other healthcare professionals for administration or dispensation to a patient at no cost to the patient." Learn more here.

The other piece of legislation will require pharmaceutical sales reps to register as lobbyists if they lobby any member of the Medicaid Pharmaceutical and Therapeutics Committee for inclusion of a product on the pharmacopoeia or formulary.

The state's Executive Lobbying Rules require lobbyists to register with the Louisiana Board of Ethics or report their expenditures, depending on what they spend on executive branch officials. Read more here.

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