Bill Text: MI HB4357 | 2021-2022 | 101st 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. 17748g & 17748h. TIE BAR WITH: HB 4358'21
Spectrum: Partisan Bill (Republican 12-0)
Status: (Engrossed - Dead) 2021-03-25 - Referred To Committee On Health Policy And Human Services [HB4357 Detail]
Download: Michigan-2021-HB4357-Introduced.html
HOUSE BILL NO. 4357
February 24, 2021, Introduced by Reps. Roth,
Whiteford, Borton, Allor, Glenn, Farrington, Bellino, Yaroch, Wozniak,
Martin, O'Malley and Calley 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 17748g and 17748h.
the people of the state of michigan enact:
Sec. 17748g. (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, an advance, a 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. 17748h. 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 wholesale
acquisition cost 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.
Enacting section
1. This amendatory act does not take effect unless Senate Bill No.____ or House
Bill No. 4358 (request no. 00164'21) of the 101st Legislature is enacted into
law.
