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SF 1371

as introduced - 91st Legislature (2019 - 2020) Posted on 02/18/2019 02:51pm

KEY: stricken = removed, old language.
underscored = added, new language.
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Current Version - as introduced

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A bill for an act
 relating to health care; prohibiting gifts to practitioners from opiate drug
manufacturers and wholesale drug distributors; amending Minnesota Statutes 2018,
section 151.461.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 151.461, is amended to read:


151.461 GIFTS TO PRACTITIONERS PROHIBITED.

new text begin (a) new text end 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.

deleted text begin As used in this section,deleted text end new text begin (b) For purposes of this section as it applies to any manufacturer
or wholesale drug distributor other than a manufacturer or wholesale drug distributor of
opiates,new text end "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.

new text begin (c) For purposes of this section as it applies to drug manufacturers or wholesale drug
distributors of opiates, "gift" does not include:
 new text end

new text begin (1) publications and education materials; or
 new text end

new text begin (2) salaries or other benefits paid to employees.
 new text end