N.J. Admin. Code § 13:45J-1.4

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

Section 13:45J-1.4 - Permitted gifts and payments

(a) Consistent with the requirements of this chapter, a prescriber may accept the following from a pharmaceutical manufacturer or manufacturer's agent:

1. Items designed primarily for educational purposes for the patients or the prescriber that have minimal or no value to the prescriber outside of his or her professional responsibilities. Examples of educational items include anatomical models for use in an examination room or other information and materials in any form directly related to patient care or prescriber education. Items that may have an independent value to the prescriber outside of his or her professional responsibilities, such as electronic devices, may only be accepted if they are used by patients and remain in a common area of the prescriber's office.

2. A pharmaceutical manufacturer subsidized registration fee at an education event, if that fee is available to all event participants.

3. Meals provided through the event organizer at an education event, even if supported by a manufacturer, provided the meals facilitate the educational program to maximize prescriber learning, including information about disease states and treatment approaches. Meals in this context are not subject to the limitations set forth in the definition of "modest meals," nor are they subject to the bona fide services cap set forth at N.J.A.C. 13:45J-1.6.

4. Modest meals provided by a manufacturer to non-faculty prescribers through promotional activities. Modest meals in this context are not subject to the bona fide services cap set forth at N.J.A.C. 13:45J-1.6.

5. Compensation, based on fair market value, for providing bona fide services as a speaker or faculty organizer or academic program consultant for an education event. A prescriber serving in this capacity may also accept reasonable payment and remuneration for travel, lodging, and other personal expenses associated with such services. A prescriber may be granted continuing education credit for participation in such activities, if the continuing education requirements of the prescriber's professional licensing board are satisfied.

6. Compensation, based on fair market value, for providing bona fide services as a speaker or faculty organizer or academic program consultant for a promotional activity, consistent with such caps as set forth at N.J.A.C. 13:45J-1.6. A prescriber serving in this capacity also may accept reasonable payment or remuneration for travel, lodging, and other personal expenses associated with such services. A prescriber may not claim continuing education credit for participation in such activities.

7. Compensation, based on fair market value, for participation on advisory bodies or under consulting arrangements, consistent with such cap as set forth at N.J.A.C. 13:45J-1.6. A prescriber serving in this capacity also may accept reasonable payment or remuneration for travel, lodging, and other personal expenses associated with such services.

8. Reasonable payment or remuneration for travel, lodging, and other personal expenses in connection with research activities.

9. Reasonable payment or remuneration to prospective applicants for travel, lodging, and other personal expenses associated with employment recruitment.

10. Royalties and licensing fees paid in return for contractual rights to use or purchase a patented or otherwise legally recognized discovery for which the prescriber holds an ownership right.

N.J. Admin. Code § 13:45J-1.4

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

Amended by 51 N.J.R. 626(a), effective 5/6/2019