HOUSE BILL No. 6470


     November 7, 2002, Introduced by Rep. Kolb and referred to the Committee on Health Policy.


        A bill to amend 1978 PA 368, entitled

   "Public health code,"

   (MCL 333.1101 to 333.25211) by adding section 17748a.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             SEC. 17748A.  (1) A MANUFACTURER OR WHOLESALE DISTRIBUTOR,

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        INCLUDING ANY EMPLOYEE OR AGENT OF THE MANUFACTURER OR WHOLESALE

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        DISTRIBUTOR, THAT EMPLOYS, DIRECTS, OR USES MARKETING OR ADVER-

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        TISING REPRESENTATIVES IN THIS STATE SHALL REPORT THE COSTS OF

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        MARKETING AND ADVERTISING ITS PRESCRIPTION DRUGS IN THIS STATE.

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        THE MANUFACTURER OR WHOLESALE DISTRIBUTOR SHALL FILE AN ANNUAL

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        WRITTEN REPORT WITH THE DEPARTMENT AND THE BOARD OUTLINING ITS

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        EXPENDITURES FOR MARKETING AND ADVERTISING ITS PRESCRIPTION DRUGS

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        IN THIS STATE.






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             (2) THE REPORT SHALL INCLUDE AT MINIMUM THE FOLLOWING

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        INFORMATION AS IT PERTAINS TO MARKETING AND ADVERTISING

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        ACTIVITIES CONDUCTED WITHIN THIS STATE:

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             (A) ALL COSTS ASSOCIATED WITH MARKETING, ADVERTISING, AND

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        DIRECT PROMOTION OF PRESCRIPTION DRUGS THROUGH RADIO, TELEVISION,

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        MAGAZINES, NEWSPAPERS, DIRECT MAIL, GIFTS, AND TELEPHONE

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        COMMUNICATIONS.

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             (B) ALL COSTS ASSOCIATED WITH EDUCATION PROGRAMS, SEMINARS,

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        ENTERTAINMENT, TRIPS, REMUNERATION FOR PROMOTING OR PARTICIPATING

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        IN INFORMATIONAL SESSIONS REGARDING PRESCRIPTION DRUGS, PRODUCT

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        SAMPLES OF PRESCRIPTION DRUGS IN EXCESS OF $10.00 IN VALUE, AND

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        PROMOTIONAL GIFTS IN EXCESS OF $10.00 IN VALUE.

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             (3) BY DECEMBER 31, 2003 AND EACH YEAR THEREAFTER, THE

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        DEPARTMENT SHALL PROVIDE AN ANNUAL REPORT ON PRESCRIPTION DRUG

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        MARKETING AND ADVERTISING ACTIVITIES AND THE COSTS OF THOSE

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        ACTIVITIES TO THE LEGISLATURE AND THE GOVERNOR.

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             (4) THE REPORT REQUIRED UNDER THIS SECTION IS PUBLIC INFOR-

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        MATION AND IS SUBJECT TO THE FREEDOM OF INFORMATION ACT, 1976 PA

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        442, MCL 15.231 TO 15.246.



















   07677'02          Final page.                            KAO