An Act To Prohibit Certain Gifts to Health Care Practitioners
Maine Legislature, Session 128, LD 0911
Committee: Labor, Commerce, Research and Economic Development
Sponsors: HAMANN, CHIPMAN, GRATWICK, GATTINE, HEAD, HICKMAN, MALABY, PARKER, PERRY, SANDERSON, SAVIELLO
Amends: 32 MRSA §13759

Legislative Document
No. 911
H.P. 639
House of Representatives, March 7, 2017
An Act To Prohibit Certain Gifts to Health Care Practitioners
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative HAMANN of South Portland.
Cosponsored by Senator CHIPMAN of Cumberland, Senator GRATWICK of Penobscot and
Representatives: GATTINE of Westbrook, HEAD of Bethel, HICKMAN of Winthrop, 
MALABY of Hancock, PARKER of South Berwick, PERRY of Calais, SANDERSON of 
Chelsea, Senator: SAVIELLO of Franklin.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  32 MRSA §13759 is enacted to read: 
§13759.  Gifts to practitioners prohibited 
1.  Gift defined.  For the purposes of this section, "gift" means anything of value, 
including forgiveness of an obligation or debt, given to a practitioner without that 
practitioner providing equal or greater consideration to the giver. "Gift" does not include: 
A.  Professional samples of a drug provided to a practitioner for free distribution to 
patients; 
B.  Items with a total combined retail value, in any calendar year, of not more than 
$50; 
C.  A payment to the sponsor of a medical conference, professional meeting or other 
educational program, as long as that payment is not made directly to a practitioner 
and is used solely for bona fide educational purposes; 
D.  Reasonable honoraria and payment of the reasonable expenses of a practitioner 
who serves on the faculty at a professional or educational conference or meeting; 
E.  Compensation for the substantial professional or consulting services of a 
practitioner in connection with a genuine research project; 
F.  Publications or educational materials; or 
G.  Salaries or other benefits paid to employees. 
2.  Gifts to practitioners prohibited.  A manufacturer or wholesaler, or an agent of a 
manufacturer or wholesaler, may not offer or give a gift to a practitioner. For purposes of 
this section, a medical device manufacturer that distributes drugs as an incidental part of 
its device business is not considered a manufacturer or wholesaler or an agent of a 
manufacturer or wholesaler. 
SUMMARY 
This bill amends the Maine Pharmacy Act to prohibit a person engaged in the 
manufacture of prescription drugs or a person who buys prescription drugs for resale and 
distribution to persons other than consumers from giving a gift to an individual who is 
licensed, registered or otherwise authorized in the appropriate jurisdiction to prescribe 
and administer drugs in the course of that individual's professional practice.  "Gift" does 
not include samples of prescription drugs to be given to patients for free, items with a 
total value of less than $50 over a calendar year, payments to sponsors of educational 
programs, honoraria and payments of expenses incurred at an educational conference or 
meeting, compensation for research, publications or educational materials and salaries or 
other benefits paid to employees.