LD 254
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Page 2 of 4 An Act To Require Full Disclosure of Prescription Drug Marketing Costs Page 4 of 4
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LR 72
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medical or other professional association if the recipient
of the scholarship is chosen by the association sponsoring
the conference or seminar.

 
6.__Department reports.__By November 30th each year, the
department shall provide an annual report, providing
information in aggregate form, on prescription drug marketing
expenses to the Legislature and the Attorney General.__By
January 1, 2005 and every 2 years after that date, the
department shall provide a report to the Legislature and the
Attorney General, providing information in aggregate form,
containing an analysis of the data submitted to the
department, including the scope of prescription drug marketing
activities and expenses and their effect on the cost,
utilization and delivery of health care services and any
recommendations with regard to marketing activities of
prescription drug manufacturers and labelers.

 
7.__Confidentiality; public information.__Notwithstanding
any provision of law to the contrary, information submitted to
the department pursuant to this section is confidential and is
not a public record as defined in Title 1, section 402,
subsection 3.__Data compiled in aggregate form by the
department for the purposes of reporting required by this
section is a public record as defined in Title 1, section 402,
subsection 3, as long as it does not reveal trade information
that is protected by state or federal law.

 
8.__Penalty.__This section may be enforced in a civil action
brought by the Attorney General.__A manufacturer or labeler
that fails to provide a report as required by this section
commits a civil violation for which a fine of $10,000 plus
costs and attorney's fees may be adjudged.

 
9.__Rulemaking.__The department shall adopt rules to
implement this section.__Rules adopted pursuant to this
section are routine technical rules as defined in Title 5,
chapter 375, subchapter 2-A.

 
Sec. 2. Effective date. This Act takes effect January 1, 2004.

 
SUMMARY

 
This bill requires prescription drug manufacturers and
labelers whose drugs are dispensed to state residents to file
annual reports with the Department of Human Services regarding
their expenses for marketing their drugs. The bill requires
the department to file an annual report with the Legislature
and the Attorney General regarding the information filed and a
biennial


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