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