LD 1539
pg. 2
Page 1 of 3 PUBLIC Law Chapter 286 Page 3 of 3
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LR 1703
Item 1

 
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;

 
(3) All expenses associated with trips and travel; and

 
(4) All expenses associated with product samples,
except for samples that will be distributed free of
charge to patients; and

 
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.

 
6. Department reports. Beginning in 2006 2007, 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, 2007 2008 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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