Section 392-2-12-7 - Exception to Prohibition Against Gifts to PractitionersThe following definitions apply to terms contained in 32 M.R.S. §13759, which constitute exceptions to the general prohibition against manufacturers and wholesalers making gifts to practitioners.
1. For purposes of 32 M.R.S. §13759(2)(A)(3), "modest meals and refreshments" means food and beverage of minimal value 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. Such food and beverage must be of the type and quantity typically provided for attendees at the venue where the meeting or presentation occurs. For purposes of this section, minimal value means the cost of which is similar to that which a practitioner would pay when dining at his or her own expense as judged by local standards where the event is held. 2. For purposes of 32 M.R.S. §13759(2)(C), "reasonable honoraria" means cash, gratuity and/or a gift given to a practitioner in recognition for the Maine licensed practitioner speaking at a professional or educational conference sponsored by a manufacturer or wholesaler. The aggregate value of all cash and gifts received by a practitioner for a particular speaking engagement may not exceed an annual limit of $500 in retail value. Reasonable honoraria does not include or apply to: A. The fee for service paid to the practitioner for the presentation, travel or lodging reimbursement, or other expenses incurred; or B. Where the manufacturer or wholesaler sponsoring the event does not participate or have influence over the selection of the practitioner chosen for the speaking engagement or payment for the services rendered by the practitioner. The term "practitioner" does not include pharmacists.
3. For purposes of 32 M.R.S. §13759(2)(C), "reasonable expenses" means the reasonable and actual expenses for travel, lodging, and meals incurred by a practitioner and that are necessary in order for the practitioner to speak at a professional or educational conference sponsored by a manufacturer or wholesaler.02-392 C.M.R. ch. 2, § 12-7