101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3494

 

Introduced , by Rep. Michelle Mussman

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Physician Gift Ban Act. Prohibits a pharmaceutical marketer from providing any promotions, including, but not limited to, travel and prizes, to a physician to induce the physician to prescribe Tier 1 medications.


LRB101 10571 SMS 55677 b

 

 

A BILL FOR

 

HB3494LRB101 10571 SMS 55677 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Physician Gift Ban Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Labeler" means an entity or person that receives
8prescription drugs from a manufacturer or wholesaler and
9repackages those drugs for later retail sale and that has a
10labeler code from the Food and Drug Administration under 21
11C.F.R. 207.20. "Labeler" does not include a retail pharmacy or
12pharmacist that labels a prescription vial.
13    "Manufacturer" means a manufacturer of prescription drugs
14as defined in 42 U.S.C. 1396r-8 (k)(5), including a subsidiary
15or affiliate of a manufacturer.
16    "Pharmaceutical marketer" means a person who, while
17employed by or under contract to represent a manufacturer or
18labeler, engages in pharmaceutical detailing, promotional
19activities, or other marketing of prescription drugs in this
20State to any physician, hospital, nursing home, pharmacist,
21health benefit plan administrator, or any other person
22authorized to prescribe or dispense prescription drugs.
23    "Physician" means a physician licensed to practice

 

 

HB3494- 2 -LRB101 10571 SMS 55677 b

1medicine in all its branches under the Medical Practice Act of
21987.
 
3    Section 10. Prohibited gifts. A pharmaceutical marketer
4may not provide a physician with any promotions, including, but
5not limited to, paid travel and prizes, to induce the physician
6to prescribe Tier 1 medications.