| 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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| (3) All expenses associated with trips and travel; and |
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| (4) All expenses associated with product samples, | except for samples that will be distributed free of | charge to patients; and |
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| C. The aggregate cost of all employees or contractors of | the manufacturer or labeler who directly or indirectly | engage in the advertising or promotional activities listed | in paragraphs A and B, including all forms of payment to | those employees. The cost reported under this paragraph | must reflect only that portion of payment to employees or | contractors that pertains to activities within this State or | to recipients of the advertising or promotional activities | who are residents of or are employed in this State. |
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| | 6. Department reports. By Beginning in 2006, 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 2007 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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