Full Text of HB3494 101st General Assembly
HB3494ham002 101ST GENERAL ASSEMBLY | Rep. Michelle Mussman Filed: 3/20/2019
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| 1 | | AMENDMENT TO HOUSE BILL 3494
| 2 | | AMENDMENT NO. ______. Amend House Bill 3494 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Physician 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 | 8 | | without receiving equal or greater value in return. | 9 | | "Labeler" means an entity or person that receives | 10 | | prescription drugs from a manufacturer or wholesaler and | 11 | | repackages those drugs for later retail sale and that has a | 12 | | labeler code from the Food and Drug Administration under 21 CFR | 13 | | 207.20. "Labeler" does not include a retail pharmacy or | 14 | | pharmacist that labels a prescription vial. | 15 | | "Manufacturer" means a manufacturer of prescription drugs | 16 | | as defined in 42 U.S.C. 1396r-8(k)(5), including a subsidiary |
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| 1 | | or affiliate of a manufacturer. | 2 | | "Pharmaceutical representative" means a person who markets | 3 | | or promotes prescription drugs in this State to any physician, | 4 | | hospital, nursing home, pharmacist, health benefit plan | 5 | | administrator, or any other person authorized to prescribe or | 6 | | dispense prescription drugs. | 7 | | "Physician" means a physician licensed to practice | 8 | | medicine in all its branches under the Medical Practice Act of | 9 | | 1987. | 10 | | "Promotion" means a gift that is given to induce the | 11 | | physician to prescribe a medication. "Promotion" does not | 12 | | include 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 | 24 | | representative may not provide a physician with any promotions, | 25 | | including, but not limited to, paid travel and prizes, to |
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| 1 | | induce the physician to prescribe medications.".
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