This post was written by Elizabeth Carder-Thompson, Gina M. Cavalier, Matthew E. Wetzel.
On December 18, 2008, the Advanced Medical Technology Association (“AdvaMed”), the national trade association of medical technology manufacturers, issued a revised Code of Ethics on Interactions with Health Care Professionals (the “AdvaMed Code” or “Code”). The revised AdvaMed Code, which becomes effective July 1, 2009, contains several changes that will significantly impact the medical device industry. These include:
- The addition of guidelines for the payment of royalties to health care professionals;
- The inclusion of a new section on the provision of evaluation and demonstration products to customers at no charge;
- More comprehensive guidelines for furnishing reimbursement and health economics information to health care professionals;
- A prohibition on the provision of entertainment and recreation;
- A prohibition on the provision of non-educational branded promotional items such as pens, notepads, mugs and similar items; and
- Increased restrictions on the provision of restaurant meals or meals at other off-site venues.
The Client Alert discusses the principal changes to the AdvaMed Code, highlights several compliance considerations that medical device companies should consider when implementing the revised Code and includes a chart detailing the original and revised AdvaMed Codes and highlighting the new provisions that will become effective in July 2009.
Reed Smith was honored to serve as outside counsel to AdvaMed in connection with drafting both the current and the revised Code and would be pleased to answer any questions or provide additional information.
