State to Study Cosmetics Sales By Doctors
Aug. 25–The state agency that licenses Massachusetts doctors said yesterday it plans to scrutinize the widespread practice of dermatologists and other physicians selling anti-aging cosmetic products directly to patients.
It said at least some of the activity appears to violate a policy adopted last month by the Board of Registration in Medicine that essentially prohibits doctors from profiting from the sale of products in their own offices.
The policy says sales by doctors to patients should be conducted within a set of strict ethical guidelines, including disclosure of financial arrangements, and be limited to products such as crutches.
“We all know that there are products and practices out there that seem to be far more focused on profit than on patient wellness,” said Nancy Achin Audesse, the board’s executive director.
“Any time a patient feels that he or she is being coerced or pressured to buy a product, that is a violation of that very sacred doctor-patient relationship,” she said.
The board adopted the policy in response to a proliferation of “medical spas” offering medical services and products, including laser hair removal, chemical peels, and microdermabrasion, said Audesse.
After a Globe article Tuesday about the increase in wrinkle-cream sales and marketing campaigns by prominent dermatologists, state regulators decided to broaden the focus of a planned task force on medical spas to include other types of physicians’ offices, Audesse said.
The task force, mandated by a bill before the Legislature sponsored by Senator Joan M. Menard, a Somerset Democrat, will study whether stronger regulations are needed in addition to the Board of Registration’s policies. Violations of board policies do not automatically trigger sanctions such as license suspensions or revocations, but can lead to disciplinary proceedings, Audesse said.
The American Academy of Dermatology would not comment on the Massachusetts Board of Registration initiative yesterday, said a spokeswoman who declined to be identified by name. She said the academy did not know whether other states have taken action to prohibit direct sales of antiwrinkle creams by doctors.
Dermatologists routinely market and sell skin care products in their offices, sometimes under their own brand names. Recently, large cosmetics companies have recruited high-profile dermatologists to serve as celebrity marketers. Dr. Jeffrey Dover, a prominent Chestnut Hill dermatologist, has developed a line of “cosmeceuticals” that are being marketed under his name and sold exclusively in CVS drugstores.
Dover has said that he previously sold other products in his office and that he planned to begin selling his CVS line in his office in the fall. Yesterday, he said that he is careful not to promote his products to patients and does not recommend alternative treatments unless they ask.
Dover is also listed on an Allergan Inc. website as one of about 30 Massachusetts physicians who sell a new antiwrinkle cream called Prevage. Allergan, the manufacturer of the prescription antiwrinkle treatment Botox, says on its website that its Prevage cream is only available at doctors’ offices. A person who answered the public relations telephone line at Allergan said yesterday that no one was available for comment.
Another physician listed on the Allergan website as a source for Prevage is Dr. Robert Baratz of Newton, a primary care physician who said he has established a small sideline business in “aesthetic medicine” to supplement his primary-care income.
Baratz, who also is president of the National Council Against Health Fraud, said he recognized there are ethical issues physicians must navigate when selling to patients. But he said doctors need alternative sources of income because of rising insurance costs.
“There are thin lines here that one has to be careful about,” Baratz said. “In this office, no one is required to buy anything. This is for the convenience of our clients.”
—–
To see more of The Boston Globe, or to subscribe to the newspaper, go to http://www.boston.com/globe.
Copyright (c) 2005, The Boston Globe
Distributed by Knight Ridder/Tribune Business News.
For information on republishing this content, contact us at (800) 661-2511 (U.S.), (213) 237-4914 (worldwide), fax (213) 237-6515, or e-mail reprints@krtinfo.com.