§ 151.461 — Gifts to Practitioners Prohibited
Plain-Language Summary
This section prohibits drug manufacturers and distributors from giving gifts to health care practitioners who prescribe drugs. Limited exceptions exist for educational materials, drug samples, and items of minimal value.
151.461 GIFTS TO PRACTITIONERS PROHIBITED.
It is unlawful for any manufacturer or wholesale drug distributor, or any agent thereof, to offer or give any gift of value to a practitioner. A medical device manufacturer that distributes drugs as an incidental part of its device business shall not be considered a manufacturer, a wholesale drug distributor, or agent under this section. As used in this section, “gift” does not include:
(1) professional samples of a drug provided to a prescriber for free distribution to patients;
(2) items with a total combined retail value, in any calendar year, of not more than $50;
(3) a payment to the sponsor of a medical conference, professional meeting, or other educational program, provided the payment is not made directly to a practitioner and is used solely for bona fide educational purposes;
(4) reasonable honoraria and payment of the reasonable expenses of a practitioner who serves on the faculty at a professional or educational conference or meeting;
(5) compensation for the substantial professional or consulting services of a practitioner in connection with a genuine research project;
(6) publications and educational materials; or
(7) salaries or other benefits paid to employees.
History:
History: History:
1993 c 345 art 5 s 11