LD 254
pg. 2
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LR 72
Item 1

 
A.__"Labeler" has the same meaning as provided in section
2697, subsection 1.

 
B.__"Manufacturer" has the same meaning as provided in
section 2697, subsection 1.

 
C.__"Marketing" means advertising and promotional
activities, including, but not limited to, the activities
described in subsection 4.

 
3.__Manner of reporting.__By July 1st each year a manufacturer
or labeler of prescription drugs that directly or indirectly
distributes prescription drugs for dispensation to residents of
this State shall file a report with the department in the form
and manner provided by the department.__The report must be
accompanied by payment of a fee, as set by the department in
rule, to support the work of the department under this section.

 
4.__Content of annual report by manufacturer or labeler.__The
annual report filed under subsection 3 must include the following
information as it pertains to marketing activities conducted
within this State in a form that provides the value, nature,
purpose and recipient of the expense:

 
A.__All expenses associated with advertising, marketing and
direct promotion of prescription drugs through radio,
television, magazines, newspapers, direct mail and telephone
communications as they pertain to residents of this State,
except for expenses associated with advertising purchased
for a regional or national market that includes advertising
within the 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;


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