58-1-501.7.  Standards of conduct for prescription drug education — Academic and commercial detailing.

(1)  For purposes of this section:

Terms Used In Utah Code 58-1-501.7

  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: means :Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)  “Academic detailing”:

(i)  means a health care provider who is licensed under this title to prescribe or dispense a prescription drug and employed by someone other than a pharmaceutical manufacturer:

(A)  for the purpose of countering information provided in commercial detailing; and

(B)  to disseminate educational information about prescription drugs to other health care providers in an effort to better align clinical practice with scientific research; and

(ii)  does not include a health care provider who:

(A)  is disseminating educational information about a prescription drug as part of teaching or supervising students or graduate medical education students at an institution of higher education or through a medical residency program;

(B)  is disseminating educational information about a prescription drug to a patient or a patient’s representative; or

(C)  is acting within the scope of practice for the health care provider regarding the prescribing or dispensing of a prescription drug.

(b)  “Commercial detailing” means an educational practice employed by a pharmaceutical manufacturer in which clinical information and evidence about a prescription drug is shared with health care professionals.

(c)  “Manufacture” is as defined in Section 58-37-2.

(d)  “Pharmaceutical manufacturer” is a person who manufactures a prescription drug.

(2) 

(a)  Except as provided in Subsection (3), the provisions of this section apply to an academic detailer beginning July 1, 2013.

(b)  An academic detailer and a commercial detailer who educate another health care provider about prescription drugs through written or oral educational material is subject to federal regulations regarding:

(i)  false and misleading advertising in 21 C.F.R., Part 201 (2007);

(ii)  prescription drug advertising in 21 C.F.R., Part 202 (2007); and

(iii)  the federal Office of the Inspector General’s Compliance Program Guidance for Pharmaceutical Manufacturers issued in April 2003, as amended.

(c)  A person who is injured by a violation of this section has a private right of action against a person engaged in academic detailing, if:

(i)  the actions of the person engaged in academic detailing, that are a violation of this section, are:

(A)  the result of gross negligence by the person; or

(B)  willful and wanton behavior by the person; and

(ii)  the damages to the person are reasonable, foreseeable, and proximately caused by the violations of this section.

(3) 

(a)  For purposes of this Subsection, “accident and health insurance”:

(i)  means the same as that term is defined in Section 31A-1-301; and

(ii)  includes a self-funded health benefit plan and an administrator for a self-funded health benefit plan.

(b)  This section does not apply to a person who engages in academic detailing if that person is engaged in academic detailing on behalf of:

(i)  a person who provides accident and health insurance, including when the person who provides accident and health insurance contracts with or offers:

(A)  the state Medicaid program, including the Primary Care Network within the state’s Medicaid program;

(B)  the Children’s Health Insurance Program created in Section 26B-3-902;

(C)  a Medicare plan; or

(D)  a Medicare supplement plan;

(ii)  a hospital as defined in Section 26B-2-201;

(iii)  any class of pharmacy as defined in Section 58-17b-102, including any affiliated pharmacies;

(iv)  an integrated health system as defined in Section 13-5b-102; or

(v)  a medical clinic.

(c)  This section does not apply to communicating or disseminating information about a prescription drug for the purpose of conducting research using prescription drugs at a health care facility as defined in Section 26B-2-201, or a medical clinic.

Amended by Chapter 328, 2023 General Session

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