| | | 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; |
|
|