HB3494ham001 101ST GENERAL ASSEMBLY

Rep. Michelle Mussman

Filed: 3/19/2019

10100HB3494ham001 LRB101 10571 SMS 58172 a

AMENDMENT TO HOUSE BILL 3494

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

"Section 1. Short title. This Act may be cited as the Physician Gift Ban Act.

Section 5. Definitions. As used in this Act:

"Gift" means any item or other thing of value that is given without receiving equal or greater value in return.

"Labeler" means an entity or person that receives prescription drugs from a manufacturer or wholesaler and repackages those drugs for later retail sale and that has a labeler code from the Food and Drug Administration under 21 CFR 207.20. "Labeler" does not include a retail pharmacy or pharmacist that labels a prescription vial.

"Manufacturer" means a manufacturer of prescription drugs as defined in 42 U.S.C. 1396r-8(k)(5), including a subsidiary or affiliate of a manufacturer.

"Pharmaceutical representative" means a person who markets or promotes prescription drugs in this State to any physician, hospital, nursing home, pharmacist, health benefit plan administrator, or any other person authorized to prescribe or dispense prescription drugs.

"Physician" means a physician licensed to practice medicine in all its branches under the Medical Practice Act of 1987.

"Promotion" means a gift that is given to induce the physician to prescribe a medication. "Promotion" does not include any of the following:

(1) non-cash items of minimal value that will directly benefit the physician's patients, including:

(A) prescription drug samples for distribution to patients;

(B) rebates and discounts for prescription drugs provided in the normal course of business;

(C) labels approved by the federal Food and Drug Administration;

(D) educational materials; and

(E) modest meals and refreshments provided to a physician in connection with a meeting, presentation, or medical educational symposium or conference about the benefits, risks, and appropriate uses of prescription drugs or medical devices, disease states, or other scientific information, as long as the meeting, presentation, symposium, or conference occurs in a venue and manner conducive to informational communication;

(2) funding provided to academic institutions and residence and fellowship programs to support the participation of medical nursing, physician assistant, and pharmacy students, residents, and fellows in professional meetings, including educational meetings, as long as the program identifies such funding recipients based on independent institutional criteria and the funds are distributed to recipients without specific attribution to sponsors;

(3) reasonable honoraria to a physician and payment of the reasonable expenses of a physician at a professional or educational conference or meeting; or

(4) any other item or thing of value that is consistent with the current federal Office of Inspector General Compliance Program Guidance for Pharmaceutical Manufacturers and the current Pharmaceutical Research and Manufacturers of America Code on Interactions with Health Care Professionals.

Section 10. Prohibited gifts. A pharmaceutical representative may not provide a physician with any promotions, including, but not limited to, paid travel and prizes, to induce the physician to prescribe medications.

Section 15. Violation of Act. Any pharmaceutical representative that violates any provision of this Act shall be subject to a civil penalty not to exceed $1,000 for each violation. No other penalty may be imposed for a violation of this Act.".