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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1134*
HOUSE BILL 1134
J1 6lr1889
By: Delegates Taveras, Lehman, and Schindler
Introduced and read first time: February 11, 2026
Assigned to: Health
A BILL ENTITLED
AN ACT concerning 1
Pharmaceutical Drugs and Devices – Gifts to Health Care Professionals – 2
Prohibition 3
FOR the purpose of prohibiting sellers of certain pharmaceutical drugs and devices from 4
giving or offering to give to health care professionals gifts in a calendar year that 5
have a total combined retail value of more than a certain amount ; and generally 6
relating to gifts to health care professionals. 7
BY repealing and reenacting, without amendments, 8
Article – Health – General 9
Section 21–101(a), (f), and (g) 10
Annotated Code of Maryland 11
(2023 Replacement Volume and 2025 Supplement) 12
BY adding to 13
Article – Health – General 14
Section 21–1114 and 21–1207 15
Annotated Code of Maryland 16
(2023 Replacement Volume and 2025 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Health – General 20
21–101. 21
(a) In this title the following words have the meanings indicated. 22
(f) “Device” means any instrument, apparatus, or contrivance, or any part or 23
accessory of an instrument, apparatus, or contrivance, that is intended: 24
2 HOUSE BILL 1134
(1) For use in the diagnosis, cure, mitigation, treatment, or prevention of 1
human disease; or 2
(2) To affect the structure or any functi on of the human body for medical, 3
surgical, or therapeutic purposes. 4
(g) (1) “Drug” means any substance or component of a substance: 5
(i) That is recognized in an official compendium; 6
(ii) That is intended for use in the diagnosis, cure, mitigation, 7
treatment, or prevention of disease in human beings; or 8
(iii) Except for food, that is intended to affect the structure or any 9
function of the human body. 10
(2) “Drug” does not include a device. 11
21–1114. 12
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 13
INDICATED. 14
(2) (I) “GIFT” MEANS ANY PAYMENT , FOOD, ENTERTAINMENT, 15
TRAVEL, SUBSCRIPTION, ADVANCE, SERVICE, OR ANYTHING ELSE OF VALUE 16
PROVIDED TO A HEALTH CARE PROFESSIONAL , UNLESS THE HEALTH CA RE 17
PROFESSIONAL REIMBURSES THE COST AT FAIR MARKET VALUE. 18
(II) “GIFT” DOES NOT INCLUDE PEER–REVIEWED MEDICAL 19
LITERATURE. 20
(3) (I) “HEALTH CARE PROFESSIONAL” MEANS: 21
1. AN INDIVIDUAL WHO IS: 22
A. LICENSED OR CERTIFIED UNDER THE HEALTH 23
OCCUPATIONS ARTICLE; AND 24
B. AUTHORIZED TO PRESCRIBE OR RECOMMEND 25
PRESCRIBED PRODUCTS; 26
2. A PARTNERSHIP OR CORPO RATION COMPOSED OF 27
THE INDIVIDUALS DESCRIBED IN ITEM 1 OF THIS SUBPARAGRAPH; OR 28
HOUSE BILL 1134 3
3. AN OFFICER , AN EMPLOYEE, AN AGENT, OR A 1
CONTRACTOR OF A PERS ON DESCRIBED IN ITEM 1 OR 2 OF THIS SUBPARAGRAPH 2
WHO IS ACTING IN THE COURSE AND SCOPE OF EMPLOYMENT OR A CONT RACT 3
RELATED TO OR SUPPORTIVE OF THE PROVISION OF HEALTH CARE TO INDIVIDUALS. 4
(II) “HEALTH CARE PROFESSIO NAL” DOES NOT INCLUDE AN 5
INDIVIDUAL EMPLOYED SOLELY BY A MANUFACTURER. 6
(B) A PERSON THAT SELLS DRUGS OR DEVICES MAY NOT GIVE OR OFFER TO 7
GIVE TO A HEALTH CARE PROFESSIONAL GIFTS IN A CALENDAR YEAR THAT HAVE A 8
TOTAL COMBINED RETAIL VALUE OF MORE THAN $50. 9
21–1207. 10
A PERSON WHO VIOLATE S § 21–1114 OF THIS TITLE IS GUI LTY OF A 11
MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING $5,000 12
OR IMPRISONMENT NOT EXCEEDING 6 MONTHS OR BOTH. 13
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
October 1, 2026. 15