HF 2086

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; providing for prescription 
  1.3             drug marketing expense reporting; providing penalties 
  1.4             and remedies; proposing coding for new law in 
  1.5             Minnesota Statutes, chapter 256. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [256.9951] [PRESCRIPTION DRUG MARKETING EXPENSE 
  1.8   REPORTING.] 
  1.9      Subdivision 1.  [REPORTING OBLIGATIONS.] Prescription drug 
  1.10  "manufacturers," as defined in section 151.44, paragraph (c), 
  1.11  are required to report to the Department of Human Services on 
  1.12  January 15 of each year their marketing expenses in Minnesota 
  1.13  for the preceding calendar year on a form and in the manner 
  1.14  required by the commissioner.  The report must include at least 
  1.15  the following information: 
  1.16     (1) a description of the nature of each marketing activity; 
  1.17     (2) identification of the targets/recipients of each such 
  1.18  activity; and 
  1.19     (3) the amount spent on each activity, including the 
  1.20  monetary value of any in-kind expenditures made. 
  1.21  "Marketing expenses" includes all media and in-person 
  1.22  promotions, advertisements, free samples, and gifts to any 
  1.23  person that are intended to promote the sale of the 
  1.24  manufacturer's drugs, including, but not limited to, the 
  1.25  information required to be reported to the Board of Pharmacy 
  2.1   pursuant to section 151.47, subdivision 1, paragraph (f). 
  2.2      Subd. 2.  [ENFORCEMENT.] A prescription drug manufacturer 
  2.3   that fails to comply with the reporting obligations in this 
  2.4   section is subject to a penalty of $50,000 per violation.  A 
  2.5   late report is considered a failure to comply.  The Department 
  2.6   of Human Services, the Board of Pharmacy, and the attorney 
  2.7   general may enforce compliance with the reporting obligations in 
  2.8   this section and may bring an action to compel compliance and/or 
  2.9   collect damages and penalties, including costs and attorney 
  2.10  fees.  The board may also suspend or revoke a prescription drug 
  2.11  manufacturer's license to do business in the state for 
  2.12  noncompliance with the reporting obligations in this section.  A 
  2.13  manufacturer is subject to a claim for additional damages, 
  2.14  injunctive relief, and/or penalties, as well as revocation of 
  2.15  its license, if it falsifies its report under this section.  The 
  2.16  commissioner shall share the reports made under this section 
  2.17  with the attorney general and Board of Pharmacy.