Mr. Speaker, I rise today to introduce legislation that will bring some sanity back to prescription drug marketing, and help bring down the astronomical costs of prescription drugs. The Prescription Drug Safety and Affordability Act will…
Mr. Speaker, I rise today to introduce legislation that will bring some sanity back to prescription drug marketing, and help bring down the astronomical costs of prescription drugs. The Prescription Drug Safety and Affordability Act will force manufacturers to educate physicians instead of spending billions of dollars wining and dining them.
As Congress begins to investigate its own ethics, we should also shed some light on the immoral relationships between the pharmaceutical industry and physicians. Golf trips and lavish meals aren't just for Members of Congress. Though its hard to imagine, physicians may actually get more lobbying perks from the drug industry than Members of Congress do.
For far too long, the pharmaceutical industry has jeopardized patient safety and inflated prescription drug prices by using tax-deductible dollars to underwrite their so-called ``physician education'' efforts. According to a recent report in the Journal of the American Medical Association, JAMA, there is a clear conflict of interest when doctors become too cozy with pharmaceutical companies.
Drug companies annually spend about $10,000 on every single physician in the United States trying to entice doctors to prescribe their drugs. That adds up to nearly $8 billion in annual spending by drug companies marketing their products to physicians. It is not unusual for doctors to receive lavish meals, all expense paid ``educational'' trips to posh resorts, and lucrative consulting deals from pharmaceutical manufacturers. Every single dollar spent on these unnecessary gifts is tax deductible for the drug industry as a general business expense.
The Pharmaceutical Research and Manufacturers of America, PhRMA, pretended to discourage these improper marketing ploys by issuing conflict-of-interest guidelines in April 2002. After announcing the guidelines with fanfare, they then paid the American Medical Association to ``educate'' their members on these guidelines--that is, they gave doctors financial incentives to promote ethical guidelines that called for an end to financial incentives! It is obvious that PhRMA is not serious about ending the practice of giving financial incentives to doctors.
Regardless of what PhRMA may say, the marketing tactics are still working. It is clear from the JAMA study that self-policing won't work. ``Although physician groups, manufacturers, and the federal government have instituted self-regulation of marketing . . . current controls will not satisfactorily protect the interests of patients.''
Doctors swayed to prescribe a certain drug because of their financial ties to drug companies put their own personal interest above the health and safety of their patients.
This must stop now. My legislation will curb unnecessary spending physician gifts to the benefit of all patients.
The Prescription Drug Safety and Affordability Act is a simple way to ensure pharmaceutical companies' behavior matches their rhetoric. This bill eliminates the tax-deduction that pharmaceutical companies currently receive for spending on physician gifts. The bill specifically exempts free drug samples, as that is often the only means by which uninsured patients can get medications.
Unnecessary physician gifts from the drug industry unduly influence prescribing, increase drug prices and corporate profits, and endanger patients who get the wrong prescriptions for the wrong reasons. By removing incentives for pharmaceutical companies to lavish gifts of dubious public value on physicians, I hope
that pharmaceutical companies will either redirect those funds toward research and development of lifesaving drugs or reduce the prices of prescription drugs for seniors and all Americans.
The American Medical Student Association has endorsed the Prescription Drug Safety and Affordability Act. This group of future doctors--not yet beholden to the drug industry--recognizes the importance of this bill and the problems physician gifts cause in the doctor-patient relationship. I am pleased to submit their attached letter of support for inclusion in the Congressional Record.
I urge my colleagues to join me in support of the Prescription Drug Safety and Affordability Act. Prohibiting the drug industry from lavishing unnecessary gifts on physicians is a nonpartisan issue that should receive bipartisan support. If we can clean up Congress there is no reason we shouldn't clean up health care. It is time to stop using taxpayer dollars to fund marketing campaigns that put profits above patients.
American Medical Student
Association Foundation,
Reston, VA, February 1, 2006.
Hon. Pete Stark,
House of Representatives, Cannon House Office Building,
Washington, DC.
Dear Representative Stark: On behalf of the 60,000
physician-in-training members of the American Medical Student
Association (AMSA), we would like to offer our strong support
for the Prescription Drug Safety and Affordability Act. The
impact of pharmaceutical marketing on the professional
behavior of physicians is very concerning to the future
physicians of America. AMSA has long advocated for physicians
to protect their independence from the pharmaceutical
industry.
We applaud the Prescription Drug Safety and Affordability
Act as a way to reduce the financial incentives for promoting
drugs. The pharmaceutical companies spent $7.3 billion on
detailing to doctors in 2004, more than twice what was spent
in 1997. These gifts to physicians contribute to the high
cost of medications for our patients. Taxpayers should not
further subsidize this behavior through the deductibility of
drug company promotions to physicians.
Gifts from the pharmaceutical industry have an eroding
effect on the doctor-patient relationship. Numerous studies
have documented how those gifts influence the prescribing
behavior of physicians, often in ways that deviate from the
recommended treatment guidelines. However, the most obvious
evidence that gifts influence physicians in the fact that
drug companies would not spend billions of dollars on pens,
meals and honorarium if it didn't work.
Since 2002 AMSA has been entirely independent of funding
from drug companies in our meetings and publications, and we
have called for other physician groups to follow our lead.
Last month the Journal of the American Medical Association
published recommendations from leading academicians that
academic medical centers--where physicians are trained--
should be entirely free of pharmaceutical representatives,
industry sponsored meals and free samples. We applaud the
institutions of medical education for taking this step.
AMSA's PharmFree Campaign (www.amsa.org/prof/pharmfree.cfm)
has been cited in major medical journals, making AMSA a
leader in removing the pharmaceutical companies' influence in
the practice of medicine. In 2005, AMSA launched the
Counterdetailing Campaign where medical students teach
physicians to use non-biased sources of information about
prescription drugs. Time magazine and USA Today have featured
AMSA and our Counterdetailing Campaign. Through AMSA, medical
students continue to lead the drive to protect the doctor-
patient relationship from outside influences.
The Prescription Drug Safety and Affordability Act will
remove the unhealthy influence of the drug industry from the
practice of medicine. AMSA is proud to support your efforts
and leadership in this issue. If we can help in any way,
please contact Chris McCoy, Legislative Affairs Director at
703-620-6600 x 211.
Sincerely,
Leana S. Wen,
National President.
Christopher P. McCoy,
Legislative Affairs Director.