State and Federal Regulations Regarding Non-CNE Programs

If you are a healthcare professional licensed in certain states or working for certain institutions across the United States, including the federal government, you know that regulations and policies have an impact on your interaction with pharmaceutical and medical device manufacturing companies (PMDMCs), including the participation in certain activities.  For more information, please visit the ONS:Edge website and review the Commercial Support section.

Examples of some of these regulations and policies include

1. The Pharmaceutical Research and Manufacturers of America (PhRMA) Code on Interactions with Healthcare Professionals
2. State regulations affecting those who practice or are licensed in CA, DC, ME, MA, MN, NH, NV, VT, and WV
3. Institutional policies, which vary across the United States

You have seen that PMDMCs no longer have promotional giveaways in their exhibit booths. Giveaways now must have an educational value, resulting in the availability of many helpful nursing and patient education materials.

Another more recent change has been that some professionals cannot receive a meal or other "gifts" in conjunction with PMDMC-supported programs that do not offer CNE credit. Certain states, as well as specific institutions, have various laws and policies in conjunction with these activities, and they can be confusing to interpret. Healthcare professionals must be diligent in ensuring that they understand how various rules may affect them as individuals. The first step in determining how you are affected is to check with your employer to determine what policies your institution may have set regarding your interaction with PMDMCs.

Note: These regulations do not impact CNE activities such as APN Conference sessions. The laws are only applicable to events that do not offer CNE credit. Nurses can participate in lunch and dinner programs at the ONS national conferences that offer CNE credit.

The following resources are provided to further assist oncology nursing professionals to understand the rules and regulations affecting them. ONS will continue to review and update these links as changes occur.

• No Pens, No Coffee, No Food: How New Regulations Changed Professional Conferences
• ONS:Edge guide to Reporting Requirements/Limitations on Promotional Activities
• The Pharmaceutical Research and Manufacturers of America (PhRMA) Code on Interactions with Healthcare Professionals
• American Medical Student Association Conflict of Interest Policies at Academic Medical Centers
• U.S. Government: Gifts Outside From Sources
• U.S. Department of Education: Restrictions on Federal Employees Accepting Gifts
• Accreditation Council for Continuing Medical Education
• American Nurses Credentialing Center
• Greater Boston Convention and Visitors Bureau