Many were horrified by the idea that a manufacturer could prevent a dental practitioner from offering a treatment modality to their patients.
New York was so disturbed by this precedent that state lawmakers introduced a bill that would “prohibit the use of patient quotas for selecting dental treatments.”
The bill essentially states that a manufacturer may not set quotas on dentists who wish to use the manufacturer’s product. Here’s the text of the New York state legislature bill:
“The commissioner shall promulgate regulations to require that a manufacturer or other entity selling, leasing, or otherwise providing any drug, device, or health care service shall not, directly or indirectly, establish as a condition for the use by a dentist of such drug, device, or health care service that the dentist meet any quota for the number of patients on whom the dentist uses the drug, device, or health care service and that a dentist shall not, directly or indirectly, request or receive from any manufacturer or other entity a drug, device, or health care service having a condition that the dentist meet any quota for the number of patients on whom the dentist uses the drug, device, or health care service.”
This legislation was in direct response to the requirements for Invisalign braces. And even though the Invisalign quota has been dropped, legislators want to ensure that the situation isn’t repeated.
I’m interested in your thoughts. Is it acceptable for a manufacturer to set requirements for medical professionals who wish to offer their product? Or do those decisions fundamentally belong to doctors?