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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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| | | (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. 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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