Last month, the Maine Legislature passed an amendment to the Maine Pharmacy Act to prohibit licensed manufacturers and wholesalers of pharmaceuticals from offering certain gifts to practitioners authorized to prescribe and administer drugs. The new law, which will be codified at 32 MRSA §13759, proscribes cash gifts of any amount, as well as any gifts for which reciprocity is “expected or implied.” The bill’s author, Rep. Scott Hamann, said that news reports of doctors prescribing opioids receiving thousands of dollars from drug manufacturers inspired him to write the bill.

The law includes certain narrow exceptions for noncash items of minimal value that will directly benefit patients, including: (1) prescription drug samples, (2) educational materials, and (3) “[m]odest meals and refreshments” provided in connection with certain informational meetings or presentations, which must occur “in a venue and manner conducive to informational communication.”  Another exception allows for giving “reasonable honoraria” and making payment of “reasonable expenses” for practitioners at certain professional conferences and meetings. Finally, the law exempts funding provided in certain circumstances to academic institutions and residency and fellowship programs to support participation of students, residents, and fellows in professional meetings.

The law will take effect ninety (90) days after the legislative session adjourns.

Please click here for a copy of the bill.