The National Association of Pharmaceutical Sales Representatives (NAPSRx®) has ranked Massachusetts as the worst state for pharmaceutical sales and marketing. The ranking follows the state's passage of a Healthcare Industry Transparency Law.

A major provision of the law requires the Massachusetts Department of Public Health (DPH) to establish a pharmaceutical marketing code of conduct, and develop and impose compliance and reporting requirements on pharmaceutical companies that have employees involved in marketing or selling prescription drugs in the state.

In contrast to FDA disclosure laws and the Physician Payments Sunshine Act pending in the United States Congress, the Massachusetts law requires public disclosure of any collaborative relationship or industry partnering soon after such actions are first initiated. This risks exposure of product development plans to competitive firms, the NAPSRx® maintains.

In signing the bill into law, Massachusetts Governor Deval Patrick said, it will "help ensure healthcare providers make choices about prescription drugs and medical devices for their patients based on therapeutic benefits and cost-effectiveness. I am confident the Department of Public Health, pursuant to its regulatory authority, will safeguard the confidentiality of companies' trade secrets and proprietary information and protect against roadblocks to medical research or the education of healthcare providers."

Prior to the bill passing, Brad Sullivan, Marketing Manager of the NAPSRx® (Washington, DC), said, "This piece of legislation threatens to compromise the innovative pharmaceutical research and development industry in Massachusetts and would eventually limit patient access to innovative pharmaceutical products."

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