| A.__"Labeler" has the same meaning as provided in section | 2697, subsection 1. |
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| B.__"Manufacturer" has the same meaning as provided in | section 2697, subsection 1. |
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| C.__"Marketing" means advertising and promotional | activities, including, but not limited to, the activities | described in subsection 4. |
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| | 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. |
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| | 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: |
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| 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; |
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| 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: |
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| (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; |
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| (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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