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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3494 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED:
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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.
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| | A BILL FOR |
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| | HB3494 | | LRB101 10571 SMS 55677 b |
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| 1 | | AN ACT concerning regulation.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 1. Short title. This Act may be cited as the |
| 5 | | Physician Gift Ban Act.
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| 6 | | Section 5. Definitions. As used in this Act: |
| 7 | | "Labeler" means an entity or person that receives |
| 8 | | prescription drugs from a manufacturer or wholesaler and |
| 9 | | repackages those drugs for later retail sale and that has a |
| 10 | | labeler code from the Food and Drug Administration under 21 |
| 11 | | C.F.R. 207.20. "Labeler" does not include a retail pharmacy or |
| 12 | | pharmacist that labels a prescription vial. |
| 13 | | "Manufacturer" means a manufacturer of prescription drugs |
| 14 | | as defined in 42 U.S.C. 1396r-8 (k)(5), including a subsidiary |
| 15 | | or affiliate of a manufacturer. |
| 16 | | "Pharmaceutical marketer" means a person who, while |
| 17 | | employed by or under contract to represent a manufacturer or |
| 18 | | labeler, engages in pharmaceutical detailing, promotional |
| 19 | | activities, or other marketing of prescription drugs in this |
| 20 | | State to any physician, hospital, nursing home, pharmacist, |
| 21 | | health benefit plan administrator, or any other person |
| 22 | | authorized to prescribe or dispense prescription drugs. |
| 23 | | "Physician" means a physician licensed to practice |