N.J. Admin. Code § 13:45J-1.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:45J-1.3 - Prohibited gifts and payments

(a) A prescriber shall not accept, directly or indirectly, any financial benefit or benefit-in-kind, including, but not limited to, gifts, payments, stock, stock options, grants, scholarships, subsidies, and charitable contributions, except as permitted under N.J.A.C. 13:45J-1.4, from any pharmaceutical manufacturer or manufacturer's agent.

(b) A prescriber shall not accept, directly or indirectly, any entertainment or recreational items, such as tickets to theater or sporting events, or leisure or vacation trips, from any pharmaceutical manufacturer or manufacturer's agent.

(c) Except as permitted under N.J.A.C. 13:45J-1.4, a prescriber shall not accept from any pharmaceutical manufacturer or manufacturer's agent any item of value that does not advance disease or treatment education, including:

1. Pens, note pads, clipboards, mugs, or other items with a company or product logo;

2. Items intended for the personal benefit of the prescriber or staff, such as floral arrangements, sporting equipment, artwork, or items that may have utility in both the professional and non-professional setting, such as electronic devices;

3. Any payment in cash or cash equivalent, such as a gift certificate;

4. Any payment or direct subsidy to a non-faculty prescriber to support attendance at, or as remuneration for time spent attending, or for the costs of travel, lodging, or other personal expenses associated with attending any education event or a promotional activity.

(d) A prescriber shall not accept meals from any pharmaceutical manufacturer or manufacturer's agent, except as provided in N.J.A.C. 13:45J-1.4.

(e) Unless an immediate family member is employed by a pharmaceutical manufacturer and receives, as part of the usual and customary employment relationship, compensation, financial benefit, or other item of value, the prohibitions listed in this section shall also apply to the prescriber's immediate family.

1. For purposes of this rule, "immediate family" means an individual's spouse, civil union partner, or domestic partner, or the individual's child or when residing in the same household of the individual, that individual's or his or her spouse's, civil union partner's, or domestic partner's parent, brother, sister, aunt, uncle, niece, nephew, grandparent, grandchild, son-in-law, daughter-in-law, stepparent, stepchild, stepbrother, stepsister, half-brother, or half-sister, whether their relative is related to the individual or the individual's spouse, civil union partner, or domestic partner by blood, marriage, or adoption.

N.J. Admin. Code § 13:45J-1.3

Adopted by 50 N.J.R. 578(a), effective 1/16/2018