Rep. Michelle Mussman
Filed: 3/20/2019
 
 

 

 

 
10100HB3494ham002LRB101 10571 RPS 58303 a



1
AMENDMENT TO HOUSE BILL 3494




2    AMENDMENT NO. ______. Amend House Bill 3494 by replacing 
3everything after the enacting clause with the following:

 
 
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    "Gift" means any item or other thing of value that is given 
8without receiving equal or greater value in return.
9    "Labeler" means an entity or person that receives 
10prescription drugs from a manufacturer or wholesaler and 
11repackages those drugs for later retail sale and that has a 
12labeler code from the Food and Drug Administration under 21 CFR 
13207.20. "Labeler" does not include a retail pharmacy or 
14pharmacist that labels a prescription vial.
15    "Manufacturer" means a manufacturer of prescription drugs 
16as defined in 42 U.S.C. 1396r-8(k)(5), including a subsidiary 
 
 
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1or affiliate of a manufacturer.
2    "Pharmaceutical representative" means a person who markets 
3or promotes prescription drugs in this State to any physician, 
4hospital, nursing home, pharmacist, health benefit plan 
5administrator, or any other person authorized to prescribe or 
6dispense prescription drugs.
7    "Physician" means a physician licensed to practice 
8medicine in all its branches under the Medical Practice Act of 
91987.
10    "Promotion" means a gift that is given to induce the 
11physician to prescribe a medication.  "Promotion" does not 
12include any of the following:
13        (1) non-cash items of minimal value that will directly 
14    benefit the physician's patients, including:
15            (A) prescription drug samples for distribution to 
16        patients;
17            (B) rebates and discounts for prescription drugs 
18        provided in the normal course of business;
19            (C) labels approved by the federal Food and Drug 
20        Administration;
21            (D) educational materials; and
22            (E) modest meals and refreshments provided to a 
23        physician in connection with a meeting, presentation, 
24        or medical educational symposium or conference about 
25        the benefits, risks, and appropriate uses of 
26        prescription drugs or medical devices, disease states, 
 
 
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1        or other scientific information, as long as the 
2        meeting, presentation, symposium, or conference occurs 
3        in a venue and manner conducive to informational 
4        communication;
5        (2) funding provided to academic institutions and 
6    residence and fellowship programs to support the 
7    participation of medical nursing, physician assistant, and 
8    pharmacy students, residents, and fellows in professional 
9    meetings, including educational meetings, as long as the 
10    program identifies such funding recipients based on 
11    independent institutional criteria and the funds are 
12    distributed to recipients without specific attribution to 
13    sponsors;
14        (3) reasonable honoraria to a physician and payment of 
15    the reasonable expenses of a physician at a professional or 
16    educational conference or meeting; or
17        (4) any other item or thing of value that is consistent 
18    with the current federal Office of Inspector General 
19    Compliance Program Guidance for Pharmaceutical 
20    Manufacturers and the current Pharmaceutical Research and 
21    Manufacturers of America Code on Interactions with Health 
22    Care Professionals.
 
23    Section 10. Prohibited gifts. A pharmaceutical 
24representative may not provide a physician with any promotions, 
25including, but not limited to, paid travel and prizes, to 
 
 
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1induce the physician to prescribe medications.".