Bill Text: MI HB5940 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Health: pharmaceuticals; distribution of gifts or other inducements by drug manufacturers or wholesale distributors to a health care provider; prohibit and require drug manufacturers and wholesale distributors to provide certain information to the board of pharmacy. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding secs. 17748e & 17748f.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2020-09-24 - Referred To Committee On Ways And Means, With Substitute (h-1) [HB5940 Detail]
Download: Michigan-2019-HB5940-Introduced.html
HOUSE BILL NO. 5940
July 21, 2020, Introduced by Reps. Wozniak,
Vaupel, Frederick, Yaroch and Tyrone Carter and referred to the Committee
on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding sections 17748e and 17748f.
the people of the state of michigan enact:
Sec. 17748e. (1) A manufacturer or
wholesale distributor, including any employee or agent of the manufacturer or
wholesale distributor, shall not offer or give a gift to a prescriber when engaged in a sales, promotional, or other marketing
activity for a prescription drug.
(2) The board may promulgate rules to implement this section.
(3) As used in
this section, "gift" means a payment, advance, forbearance, or the
rendering or deposit of money, services, or anything else of value, the value
of which exceeds $63.00 in any 1-month period. However, gift does not include
any of the following:
(a) Providing a sample of a prescription drug to a prescriber for distribution to his or her patient.
(b) One or more items with a total combined retail value, in any 1-year period, of not more than $63.00.
(c) A publication or educational material.
(d) A payment to the sponsor of a medical conference, professional meeting, or other educational program, if the payment is not made directly to a prescriber and is used solely for bona fide educational purposes.
(e) Reasonable
compensation and expense reimbursement for the professional or consulting service
of a prescriber, such as in connection with a genuine research project.
(f) A salary or
other benefit paid to an employee.
(g) Anything of value provided by the manufacturer or wholesale distributor to its salaried employees.
(h) Reasonable compensation and expense reimbursement to a prescriber who serves as a speaker or on the faculty at a professional or educational conference or meeting, including a conference or meeting that is organized or sponsored by the manufacturer or wholesale distributor.
(i) Funding for a
continuing medical or pharmacy education activity that is consistent with the
standards of the Accreditation Council for Continuing Medical Education or the
Accreditation Council for Pharmacy Education including, but not limited to, a scholarship
or educational funding for continuing education.
(j) A modest meal provided in connection with an informational presentation.
(k) An educational item designed primarily for the education of a patient or prescriber.
Sec. 17748f. A manufacturer and
wholesale distributor shall provide a list to the board identifying each
employee of the manufacturer or wholesale distributor who engages in the sale,
promotion, or marketing of a prescription drug to a prescriber and shall ensure
that each employee of the manufacturer or wholesale distributor complies with
all of the following:
(a)
That the employee provides to the prescriber, in writing, the current selling
price of a prescription drug if the employee provides information concerning
the prescription drug to the prescriber.
(b)
That the employee does not engage in any deceptive or misleading marketing of a
prescription drug, including knowingly concealing, suppressing, omitting, or
misstating a material fact or knowingly making a misleading representation of a
material fact.
(c)
That the employee does not attend a patient examination without first obtaining
the consent of the patient.
