Current through Register Vol. 49, No. 8, August 19, 2024
Section 151.461 - GIFTS TO PRACTITIONERS PROHIBITEDIt 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. As used in this section, "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.