Interactions with Government Institutions & Employees

Bausch + Lomb colleagues must comply with all policies regarding the solicitation and engagement of government employees at both the federal level and the specific institutions where these employees work. For the purposes of this policy, government employees include anyone working or volunteering at Department of Veterans Affairs (VA) hospitals, the Department of Defense (DoD), federal Bureau of Prisons (BOP), FDA, Centers for Medicare & Medicaid Services (CMS), and Indian Health Service facilities, regardless of their professional credentials. This encompasses MDs of all specialties, mid-level practitioners (such as PAs, RNs, and NPRNs), medical residents, paid staff, unpaid volunteers, and those affiliated with VA hospitals in either full-time or part-time roles.

Additionally, the federal government imposes specific restrictions on the promotion of products within its facilities. Bausch + Lomb colleagues calling on VA and DoD accounts, for example, must understand and adhere to these federal and institution-specific restrictions.

Meals, Gifts and other Items of Value

Meals

Government employees face stricter rules regarding the acceptance of meals and educational items compared to other customers. When provided in accordance with standard meal policies, it may be appropriate to offer very modest refreshments such as soft drinks or coffee to government employees, including healthcare professionals employed by federal executive agencies. However, Bausch + Lomb colleagues are prohibited from bringing food items into VA facilities for use by VA staff (including anyone working or volunteering at a VA facility) or non-VA staff. This policy applies to both promotional and business-to-business interactions with government employees.

“20/50 Rule” for Gifts

Federal law prohibits manufacturers from providing gifts—including educational items or business meals—to government employees that exceed $20 per employee per event or a total of $50 per employee within any 12-month period. This is commonly known as the “20/50 Rule.” All meals and educational items provided by Bausch + Lomb within a calendar year must be accounted for under this limit. Therefore, the combined value of educational items or business meals provided by all Bausch + Lomb colleagues to any government employee in a 12-month period cannot exceed $50. It is best practice for Bausch + Lomb representatives to remind government employee attendees of this rule and encourage compliance.

Meals

Government employees face stricter rules regarding the acceptance of meals and educational items compared to other customers. When provided in accordance with standard meal policies, it may be appropriate to offer very modest refreshments such as soft drinks or coffee to government employees, including healthcare professionals employed by federal executive agencies. However, Bausch + Lomb colleagues are prohibited from bringing food items into VA facilities for use by VA staff (including anyone working or volunteering at a VA facility) or non-VA staff. This policy applies to both promotional and business-to-business interactions with government employees.

“20/50 Rule” for Gifts

Federal law prohibits manufacturers from providing gifts—including educational items or business meals—to government employees that exceed $20 per employee per event or a total of $50 per employee within any 12-month period. This is commonly known as the “20/50 Rule.” All meals and educational items provided by Bausch + Lomb within a calendar year must be accounted for under this limit. Therefore, the combined value of educational items or business meals provided by all Bausch + Lomb colleagues to any government employee in a 12-month period cannot exceed $50. It is best practice for Bausch + Lomb representatives to remind government employee attendees of this rule and encourage compliance.

“Widely Attended Gatherings”

Bausch + Lomb may include government employees in certain events called “widely attended gatherings,” where the total cost exceeds the limits set by the 20/50 Rule. Widely attended gatherings include industry-sponsored events open to government officials and civilians (such as an AMA convention) or Bausch + Lomb-sponsored programs held alongside medical meetings open to all attendees. Compliance must approve whether an event qualifies as a “widely attended gathering.”

Meals in Conjunction with Speaker Programs

Government employees may attend Speaker Programs but remain subject to the rules governing meals and gifts outlined above. Therefore, when planning an out-of-office program that includes government employees, either:

Provide a meal in accordance with Bausch + Lomb policies and require government employees to opt out if they do not wish to participate; or
Offer modest refreshments to all attendees within the meal limits described above (i.e., no full meal may be served to any attendee, including non-government healthcare professionals; only modest refreshments are allowed). A single modest refreshment should not exceed $20 per person (including tax, tip, and delivery), and the total amount spent per person per year must not exceed $50.

The program host is responsible for verifying the affiliation of each invited attendee before the program and each walk-in attendee prior to serving a meal, ensuring that any identified government employees opt out of the meal.

“Widely Attended Gatherings”

Bausch + Lomb may include government employees in certain events called “widely attended gatherings,” where the total cost exceeds the limits set by the 20/50 Rule. Widely attended gatherings include industry-sponsored events open to government officials and civilians (such as an AMA convention) or Bausch + Lomb-sponsored programs held alongside medical meetings open to all attendees. Compliance must approve whether an event qualifies as a “widely attended gathering.”

Meals in Conjunction with Speaker Programs

Government employees may attend Speaker Programs but remain subject to the rules governing meals and gifts outlined above. Therefore, when planning an out-of-office program that includes government employees, either:

Provide a meal in accordance with Bausch + Lomb policies and require government employees to opt out if they do not wish to participate; or
Offer modest refreshments to all attendees within the meal limits described above (i.e., no full meal may be served to any attendee, including non-government healthcare professionals; only modest refreshments are allowed). A single modest refreshment should not exceed $20 per person (including tax, tip, and delivery), and the total amount spent per person per year must not exceed $50.

The program host is responsible for verifying the affiliation of each invited attendee before the program and each walk-in attendee prior to serving a meal, ensuring that any identified government employees opt out of the meal.

Stricter Facility Rules

Many federal government facilities and academic institutions have their own policies regarding the acceptance of educational items and business meals. If these facility-specific rules are stricter than those outlined here, Bausch + Lomb must comply with the facility’s requirements.

Location

Regardless of where the educational item or meal is provided, all dollar limits and restrictions in this policy apply. If a healthcare professional works at both a government facility and a non-government facility, you should consult your supervisor or the Compliance Department before offering anything of value.

Stricter Facility Rules

Many federal government facilities and academic institutions have their own policies regarding the acceptance of educational items and business meals. If these facility-specific rules are stricter than those outlined here, Bausch + Lomb must comply with the facility’s requirements.

Location

Regardless of where the educational item or meal is provided, all dollar limits and restrictions in this policy apply. If a healthcare professional works at both a government facility and a non-government facility, you should consult your supervisor or the Compliance Department before offering anything of value.

Product Promotion at Government Facilities

Federal government facilities—such as VA hospitals, Department of Defense (DoD) military treatment facilities, and Indian Tribes—often enforce specific restrictions on product promotion within their premises. Bausch + Lomb colleagues who engage with federal government accounts must understand and comply with these restrictions.

VA Promotional Rules

For example, VA facilities impose the following limitations:

Restrictions on which products may be promoted.
Restrictions on who can be contacted; representatives may not attempt to schedule appointments or leave materials for individuals or departments listed on the facility’s do-not-call list.
The requirement to secure an appointment in advance for each visit. Colleagues should not request impromptu meetings with other VA staff during a scheduled visit, unless explicitly directed or requested by the account.
Restrictions on paging members of the medical, house, pharmacy, or nursing staff.
Limitations on marketing to students without permission from the students’ clinical staff supervisor.
A prohibition on attending conferences where individual patient information is presented.
Restrictions on waiting in patient care areas; colleagues may not wait for appointments in these areas but may briefly pass through them to reach a staff member’s office when they have a scheduled appointment.
Restrictions on making presentations in patient care areas; access to patient care areas for meetings in a staff member’s office located within these areas is allowed only if patient privacy is maintained.
A prohibition on bringing any type of food into VA facilities.
Restrictions on providing items of value, including educational items, to individual employees.

For all Bausch + Lomb products, regardless of their formulary status, colleagues must secure annual approval for promotion from the facility’s Chief of Pharmacy Services or their designee. Promotions for products with existing VA Criteria-for-Use must strictly follow those criteria. Products deemed non-promotable by the VA must not be promoted within VA facilities.

Federal government facilities—such as VA hospitals, Department of Defense (DoD) military treatment facilities, and Indian Tribes—often enforce specific restrictions on product promotion within their premises. Bausch + Lomb colleagues who engage with federal government accounts must understand and comply with these restrictions.

VA Promotional Rules

For example, VA facilities impose the following limitations:

Restrictions on which products may be promoted.
Restrictions on who can be contacted; representatives may not attempt to schedule appointments or leave materials for individuals or departments listed on the facility’s do-not-call list.
The requirement to secure an appointment in advance for each visit. Colleagues should not request impromptu meetings with other VA staff during a scheduled visit, unless explicitly directed or requested by the account.
Restrictions on paging members of the medical, house, pharmacy, or nursing staff.
Limitations on marketing to students without permission from the students’ clinical staff supervisor.
A prohibition on attending conferences where individual patient information is presented.
Restrictions on waiting in patient care areas; colleagues may not wait for appointments in these areas but may briefly pass through them to reach a staff member’s office when they have a scheduled appointment.
Restrictions on making presentations in patient care areas; access to patient care areas for meetings in a staff member’s office located within these areas is allowed only if patient privacy is maintained.
A prohibition on bringing any type of food into VA facilities.
Restrictions on providing items of value, including educational items, to individual employees.

For all Bausch + Lomb products, regardless of their formulary status, colleagues must secure annual approval for promotion from the facility’s Chief of Pharmacy Services or their designee. Promotions for products with existing VA Criteria-for-Use must strictly follow those criteria. Products deemed non-promotable by the VA must not be promoted within VA facilities.

VA Educational Programs and Materials

Educational programs with speakers may be conducted at VA facilities if the following conditions are met. All activities must be pre-scheduled and approved by the Chief of Pharmacy Services or their designee:

Requests for educational programs and related promotional materials must be submitted to the VA facility’s Chief of Pharmacy Services or designee at least 60 days prior to the proposed date, unless an earlier date is agreed upon by the Chief or designee.
Disclosure of industry sponsorship must be included in both the introductory remarks and the program announcement brochure. Additionally, if both industry-sponsored and non-sponsored sources of data or analytical information are available for FDA-approved uses of a drug, a direct comparison between these sources must be disclosed in the introductory remarks and brochure.
Promotional activities other than the educational program itself are prohibited during the event.
The program must not solicit Protected Health Information (PHI) or seek patient participation in company-sponsored programs, except where required by the FDA.
Unless approved by the VA Pharmacy Benefits Manager (PBM), promotional materials should not display the Bausch + Lomb logo or be used to promote a specific medication. (This does not apply to FDA-mandated labeling.)

VA Drug Samples

Drug samples may be supplied to VA facilities only in compliance with VA policies. The provision of drug samples and related supplies must be approved by the local medical facility Director or their designee and delivered to the Chief of Pharmacy for appropriate storage, documentation, and distribution. Bausch + Lomb colleagues are not permitted to provide drug or supply samples to VA staff for personal use.