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The Vermont Statutes Online



Title

09

:
Commerce and Trade






Chapter

063

:
CONSUMER PROTECTION






Subchapter

001
:
GENERAL PROVISIONS










 

§

2466a. Consumer protections; prescription drugs

(a) A violation

of 18 V.S.A. § 4631 shall be considered a prohibited practice under section

2453 of this title.

(b) As provided

in 18 V.S.A. § 9474, a violation of 18 V.S.A. § 9472 or 9473 shall be considered

a prohibited practice under section 2453 of this title.

(c)(1) It shall

be a prohibited practice under section 2453 of this title for a manufacturer of

prescription drugs to present or cause to be presented in the State a regulated

advertisement if that advertisement does not comply with the requirements

concerning drugs and devices and prescription drug advertising in federal law

and regulations under 21 U.S.C. §§ 331 and 352(n) and 21 C.F.R. Part 202.

(2) For purposes

of this section:

(A) "Manufacturer

of prescription drugs" means a person authorized by law to manufacture,

bottle, or pack drugs or biological products, a licensee or affiliate of that

person, or a labeler that receives drugs or biological products from a

manufacturer or wholesaler and repackages them for later retail sale and has a

labeler code from the federal Food and Drug Administration under 21 C.F.R. §

202.20.

(B)

"Regulated advertisement" means:

(i) the

presentation to the general public of a commercial message regarding a prescription

drug or biological product by a manufacturer of prescription drugs that is

broadcast on television, cable, or radio from a station or cable company that

is physically located in the State, broadcast over the Internet from a location

in the State, or printed in magazines or newspapers that are printed,

distributed, or sold in the State; or

(ii) a

commercial message regarding a prescription drug or biological product by a

manufacturer of prescription drugs or its representative that is conveyed:

(I) to the

office of a health care professional doing business in Vermont, including

statements by representatives or employees of the manufacturer and materials

mailed or delivered to the office; or

(II) at a

conference or other professional meeting occurring in Vermont.

(d) No person

shall sell, offer for sale, or distribute electronic prescribing software that

advertises, uses instant messaging and pop-up advertisements, or uses other

means to influence or attempt to influence the prescribing decision of a health

care professional through economic incentives or otherwise and which is

triggered or in specific response to the input, selection, or act of a health

care professional or agent in prescribing a specific prescription drug or

directing a patient to a certain pharmacy. This subsection shall not apply to

information provided to the health care professional about pharmacy

reimbursement, prescription drug formulary compliance, and patient care

management. (Added 2007, No. 80, § 21; amended 2007, No. 89 (Adj. Sess.), § 5,

eff. March 5, 2008; 2013, No. 144 (Adj. Sess.), § 15; 2015, No. 23, § 42.)