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December 11, 2017

In This Issue
IN THE SPOTLIGHT
MMA Legislative Committee Meets to Prepare for Next Legislative Session
Online Links to Opioid CME
Congressional Stopgap Spending Plan Fails to Include CHIP 2018 Funding
Health Insurance Marketplace 2018: Open Enrollment Ends Friday
New AMA, CMS Resources Aid Transition to the New Medicare Card
Sanofi Genzyme: Arthritis Medication Should Not Be Used Due To Side Effects
Maine CDC Message on Immunizations
Naloxone Research Shows Importance of Post-Administration Intervention
Opportunities for Year-End Giving at MMA
Improving Opioid Prescribing and Patient Safety: Monday, 12/18 at EMMC
Peer Navigation Program from Facing Our Risk of Cancer Empowered
128TH MAINE LEGISLATURE
Legislative Calls to Resume When Legislature Returns
Highlights of Recently Enacted Legislation: L.D. 911 (c. 267) Prohibiting Gifts to Practitioners from Sellers
UPCOMING EVENTS
Online Learning Opportunities Offering CME Credits - from the Northern New England Practice Transformation Network
New Free CME on Alzheimer's Risk, Detection, and Management
Webinar on Improving Opioid Prescribing and Patient Safety: Wednesday, December 13
HEALTHCARE EMPLOYMENT OPPORTUNITIES
Chief Executive Officer - Pines Health Services
Clinical Cardiology Opportunity
Family Medicine Physician/Clinician Leader
BE/BC Family Practitioner - Lewiston, ME
Primary Care Physician - Eastern Maine Medical Center
Relocate to Beautiful Southwestern Maine - Medical Director/Family Practice Physician
Palliative Care Provider
Gastroenterologist - Brunswick, ME
Hospitalist - Brunswick, ME
DO or MD Physician - Augusta, ME
Outpatient Only - Internal Medicine with Loan Repayment & Sign-on Bonus
Physiatrist - Brunswick, Maine
Opportunities at the VA for Volunteer Physicians

 
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Highlights of Recently Enacted Legislation: L.D. 911 (c. 267) Prohibiting Gifts to Practitioners from Sellers

 The MMA staff has posted the Annual Report of the Legislative Committee, a summary PowerPoint presentation, and other advocacy resources on the MMA web site here.

This week, we'll highlight a bill that prohibits some gifts from manufacturers and wholesalers of drugs and medical devices to practitioners.  It is L.D. 911, An Act to Prohibit Certain Gifts to Health Care Practitioners (P.L. 2017, Chapter 267). The bill essentially codifies into law gift limits that are already dealt with in AMA and medical technology (AdvaMed) ethics codes.

The new law prohibits licensed manufacturers and wholesalers from offering or giving health care practitioners the following:

  • Cash gifts in any amount
  • Gifts for which reciprocity is expected or implied
There are reasonable exceptions to the prohibition:

  • Drug samples for distribution to patients
  • Educational materials
  • Modest meals and refreshments, which will be defined by Board of Pharmacy rules, in connection with meetings or presentations about the seller's product..."as long as the meeting or presentation occurs in a venue and manner conducive to informational communication"
  • Funding to academic institutions and residency and fellowship programs to support participation in professional and educational meetings, but the funds are to be distributed without specific attribution to sponsors
  • Reasonable honoraria and reimbursement of reasonable expenses, defined by the Board, for professional or educational conferences and meetings.

As one can see from the language of the statute and its placement in the part of the law governing pharmacy, it governs the actions of manufacturers and sellers and is not intended or designed to punish practitioners.

Since the effective date of all 2017 enactments has passed, this law is currently in effect.

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