Bill > A3950

Introduced Session

This bill requires the licensure of pharmaceutical representatives. Under the bill, licensing of pharmaceutical representatives will be conducted by the State Board of Medical Examiners, which will also have several powers and duties concerning the regulation of pharmaceutical representatives licensed under the bill. "Pharmaceutical representative" is defined in the bill as an individual licensed by this State to engage in the marketing or promoting of pharmaceuticals to practitioners. To be eligible for licensure, an applicant must be at least 18 years of age, be of good moral character, complete a professional education course and provide sufficient evidence that the course was completed, provide any other information that the board may deem necessary, and pay any fees prescribed by the board. The bill requires each pharmaceutical representative, as a condition of biennial license renewal, to complete a minimum of six hours of continuing education. The continuing education must include training in the areas of ethics, pharmacology, laws and regulations applicable to pharmaceutical marketing, prescription opioid drugs and alternatives to opioids for managing and treating pain, and any other areas the board may determine. The bill provides that upon request, or at intervals of time determined by the board, but in no case less than once every two years, each pharmaceutical representative will provide the following information to the board: (1) a list of practitioners within the State contacted by the pharmaceutical representative; (2) the number of times each practitioner was contacted; (3) the location and duration of each contact; (4) the pharmaceuticals promoted during each contact; (5) whether product samples, materials, or gifts of any value were provided to a practitioner, and the value of the product samples, materials, or gifts provided to the practitioner; and (6) whether the practitioner was compensated by the pharmaceutical representative for the contact and the amount of compensation provided to the practitioner. Under the bill, the board is required to establish proper conduct and professional standards of practice for pharmaceutical representatives. Among those standards adopted by the board, the bill requires that the standards ensure that no pharmaceutical representative will: (1) engage in any deceptive or misleading marketing of a pharmaceutical, including the knowing concealment, suppression, omission, misleading representation, or misstatement of any material fact; (2) use a title or designation that could reasonably lead a practitioner, or any employee or representative of a practitioner, to believe that the pharmaceutical representative is licensed to practice medicine and surgery, nursing, dentistry, optometry, pharmacy, or other similar health occupation in this State, unless the pharmaceutical representative currently holds such license; or (3) attend patient examinations without the consent of the patient. Finally, the bill provides that the board may suspend or revoke the license of a pharmaceutical representative upon proof satisfactory to the board that the pharmaceutical representative is guilty of grossly unprofessional conduct, including a violation of any of the proper conduct and professional standards established by the board, or any other violation of the provisions of the bill.

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Bob Auth (R)*, 

Introduced, Referred to Assembly Regulated Professions Committee (on 05/10/2018)