LD 254
pg. 2
Page 1 of 4 An Act To Require Full Disclosure of Prescription Drug Marketing Costs Page 3 of 4
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LR 72
Item 1

 
television, magazines, newspapers, direct mail and
telephone communications as they pertain to residents of
this State;

 
B.__With regard to all persons and entities licensed to
provide health care in this State, including health care
professionals and persons employed by them in this State,
carriers licensed under Title 24 or Title 24-A, health
plans and benefits managers, pharmacies, hospitals,
nursing facilities, clinics and other entities licensed to
provide health care under this Title, the following
information:

 
(1)__All expenses associated with educational or
informational programs, materials and seminars and
remuneration for promoting or participating in
educational or informational sessions, regardless of
whether the manufacturer or labeler provides the
educational or informational sessions or materials;

 
(2)__All expenses associated with food,
entertainment, gifts valued at more than $25 and
anything provided to a health care professional for
less than market value;

 
(3)__All expenses associated with trips and travel;
and

 
(4)__All expenses associated with product samples,
except for samples that will be distributed free of
charge to patients; and

 
C.__The aggregate cost of all employees or contractors of
the manufacturer or labeler who directly or indirectly
engage in the advertising or promotional activities listed
in paragraphs A and B, including all forms of payment to
those employees.__The cost reported under this paragraph
must reflect only that portion of payment to employees or
contractors that pertains to activities within this State
or to recipients of the advertising or promotional
activities who are residents of or are employed in this
State.

 
5.__Exceptions.__The following marketing expenses are not
subject to the requirements of this section:

 
A.__Expenses of $25 or less;

 
B.__Reasonable compensation and reimbursement for expenses
in connection with a bona fide clinical trial of a new
vaccine, therapy or treatment; and

 
C.__Scholarships and reimbursement of expenses for attending a
significant educational, scientific or policy-making
conference or seminar of a national, regional or specialty


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