Minn. Stat. § 151.461

Gifts To Practitioners Prohibited

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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. 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.

Notes of Decisions

Cited in 3 cases, 2007–2008 · leading case: IMS Health Inc. v. Ayotte

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IMS Health Inc. v. Ayotte (2008) ca1 · cites it 2× “22, § 2698-A (2004) (disclosure); Minn.Stat. § 151.461 (1994) (prohibition); Vt.”

IMS Health Inc. v. Ayotte (2007) nhd “, Minn.Stat. Ann. § 151.461 (2007); Cal. Health and Safety Code § 119402(d)(1) (2007).”

IMS Health Corp. v. Rowe (2008) med “2d at 182 (citing Minn. Stat. Ann. § 151.461 (2007) (prohibiting gifts to prescribers other than free samples of more than $50 in any calendar year), Cal.”

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