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1 New Subdivision; Physicians and Surgeons; Disclosure of Preferential Promotion Received by Provider; When Required. Amend RSA 329 by inserting after section 53 the following new subdivision:
Disclosure of Preferential Promotion
329:54 Definitions. In this subdivision:
(a) "Preferential promotion" means any financial arrangement, incentive, or compensation provided by a manufacturer, distributor, or third party that is intended to influence the recommendation, prescription, or use of a specific drug, device, treatment, or service.
(b) "Compensation" includes payments, honoraria, travel, lodging, meals, gifts, or any other transfer of value.
(c) "Reasonable costs" means expenses directly related to attendance at a medical conference, including registration fees, travel, lodging, and meals, not exceeding $5,000 in aggregate per event.
(d) "Informed consent" means the process by which a patient voluntarily confirms their willingness to undergo a particular medical intervention, after having been informed of all relevant facts, risks, benefits, and alternatives.
329:55 Disclosure Requirement.
I. Any physician who receives compensation exceeding $5,000 in aggregate within a calendar year from a single source as the result of a preferential promotion shall disclose this financial relationship to any patient prior to recommending, prescribing, or administering a product or service associated with that source.
II. The disclosure shall be made in writing and included as part of the informed consent process and shall include:
(a) The name of the entity providing the compensation.
(b) The nature and amount of compensation received.
(c) A statement that the compensation may present a potential conflict of interest.
(d) An affirmation that the recommendation is based on the practitioner's independent clinical judgment.
2 Effective Date. This act shall take effect January 1, 2027.
Text to be added highlighted in green.
1 New Subdivision; Physicians and Surgeons; Disclosure of Preferential Promotion Received by Provider; When Required. Amend RSA 329 by inserting after section 53 the following new subdivision:
Disclosure of Preferential Promotion
329:54 Definitions. In this subdivision:
(a) "Preferential promotion" means any financial arrangement, incentive, or compensation provided by a manufacturer, distributor, or third party that is intended to influence the recommendation, prescription, or use of a specific drug, device, treatment, or service.
(b) "Compensation" includes payments, honoraria, travel, lodging, meals, gifts, or any other transfer of value.
(c) "Reasonable costs" means expenses directly related to attendance at a medical conference, including registration fees, travel, lodging, and meals, not exceeding $5,000 in aggregate per event.
(d) "Informed consent" means the process by which a patient voluntarily confirms their willingness to undergo a particular medical intervention, after having been informed of all relevant facts, risks, benefits, and alternatives.
329:55 Disclosure Requirement.
I. Any physician who receives compensation exceeding $5,000 in aggregate within a calendar year from a single source as the result of a preferential promotion shall disclose this financial relationship to any patient prior to recommending, prescribing, or administering a product or service associated with that source.
II. The disclosure shall be made in writing and included as part of the informed consent process and shall include:
(a) The name of the entity providing the compensation.
(b) The nature and amount of compensation received.
(c) A statement that the compensation may present a potential conflict of interest.
(d) An affirmation that the recommendation is based on the practitioner's independent clinical judgment.
2 Effective Date. This act shall take effect January 1, 2027.