An Act To Prohibit Certain Gifts to Health Care /i.ictitioners
Maine Legislature, Session 128, LD 0911
Committee Amendment CA_A_H481 (House)
Amends: 32 MRSA §13759

COMMITTEE AMENDMENT "j/," to H.P. 639, L.D. 911, Bill, "An Act To 
Prohibit Certain Gifts to Health Care /i.ictitioners" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 32 MRSA §13759 is enacted to read: 
§13759. Gifts to practitioners prohibited 
1. Prohibition. Except as provided in subsection 2, a manufacturer or wholesaler 
licensed under section 13758 or an agent of a manufacturer or wholesaler licensed under 
section 13758 may not offer or give the following to a practitioner: 
A. A cash gift in any amount; or 
B. A gift for which reciprocity is expected or implied. 
2. Exceptions. A manufacturer or wholesaler licensed under section 13758 does not 
violate subsection 1 by engaging in the following activities: 
A. Giving noncash items of minimal value that will directly benefit the practitioner's 
patients, including: 
(1) Prescription drug samples for distribution to patients; 
(2) Educational materials; and 
(3) Modest meals and refreshments, as defined by the board by rule pursuant to 
section 13720, provided to a practitioner in connection with a meeting or 
presentation about the benefits, risks and appropriate uses of prescription drugs or 
medical devices, disease states or other scientific information, as long as the 
meeting or presentation occurs in a venue and manner conducive to informational 
communication; 
B. Giving funding to academic institutions and residency and fellowship programs to 
support the participation of medical, nursing, physician assistant, veterinarian and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,I,, to H.P. 639, L.D. 911 
pharmacy students, residents and follows 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; or 
C. 
Giving reasonable honoraria to a practitioner and making payment of the 
reasonable expenses, as defined by the board by rule pursuant to section 13720, of a 
practitioner at a professional or educational conference or meeting. 
Rules adopted pursuant to this subsection are major substantive rules as defined in Title 
5, chapter 375, subchapter 2-A.' 
SUMMARY 
This amendment, which is the unanimous report of the committee, strikes and 
replaces the bill. 
The amendment generally prohibits a licensed manufacturer or 
wholesaler of prescription drugs, or an agent of a licensed manufacturer or wholesaler of 
prescription drugs, from giving or offering to give gifts to an individual who is licensed, 
registered or otherwise authorized to prescribe and administer drugs in the course of 
professional practice. The amendment contains 3 exceptions to this prohibition, allowing 
a licensed manufacturer or wholesaler of prescription drugs to give: 
1. Noncash gifts of minimal value that will directly benefit the prescriber's patients; 
2. Funding to suppo1t the participation of health care students, residents and fellows 
in professional and educational meetings; and 
3. Reasonable honoraria and payment for reasonable expenses of a practitioner at a 
professional or educational conference or meeting. 
FISCAL NOTE REQUIRED 
(See attaebed) 
COMMITTEE AMENDMENT 
Revised: 06/08/17 wac. 
LD911 
LR 1395(02) 
An Act To Prohibit Certain Gifts to Health Care Practitioners 
Fiscal Note for Bill as Amended by Committee Amendment 4'{ I(,. '-/-8/) 
Committee: Labor, Commerce, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Additional costs to the Maine Board of Pharmacy within the Office of Professional and Occupational Regulation, 
Department of Professional and Financial Regulation, associated with the rulemaking process can be absorbed within 
existing budgeted resources.