Registration of pharmaceutical manufacturer as pharmaceutical marketing firm. Fees. List of employees. Reports

(a) A pharmaceutical manufacturer that employs a pharmaceutical representative shall register annually with the department as a pharmaceutical marketing firm, in a form and manner prescribed by the commissioner. No pharmaceutical manufacturer shall authorize an individual to perform the duties of a pharmaceutical representative on such manufacturer's behalf unless such manufacturer has obtained a pharmaceutical marketing firm registration from the department pursuant to this section. Registrations issued pursuant to this section shall expire annually on June thirtieth. (b) The nonrefundable fee for registration as a pharmaceutical marketing firm and for annual renewal of such registration shall be one hundred fifty dollars. Any pharmaceutical marketing firm that fails to renew its registration on or before June thirtieth shall pay a late fee of one hundred dollars for each year that such firm did not renew, in addition to the annual renewal fee required under this section. (c) On the date of its initial registration, and annually thereafter, each pharmaceutical marketing firm shall provide to the department a list of all pharmaceutical representatives employed or compensated by such firm. Each pharmaceutical marketing firm shall notify the department, in a form and manner prescribed by the commissioner, of each individual who is no longer employed or compensated as a pharmaceutical representative or who was hired or compensated as a pharmaceutical representative after the date on which such firm provided such annual list, not later than two weeks after such individual leaves employment or was hired or otherwise compensated. (d) The department shall post on its Internet web site the most recent list provided by each pharmaceutical marketing firm pursuant to subsection (c) of this section. The posted list shall contain the first name and last initial of each pharmaceutical representative included on the most recent list such pharmaceutical marketing firm provided to the department pursuant to subsection (c) of this section, and such posted list shall not include the home address of any such pharmaceutical representative. (e) Any person who is not identified to the department pursuant to subsection (c) of this section shall not perform the duties of a pharmaceutical representative on behalf of the pharmaceutical marketing firm. (f) Not later than July first, annually, each pharmaceutical marketing firm shall provide the commissioner with the following information regarding the performance for the previous calendar year of each of its pharmaceutical representatives, in a form and manner prescribed by the commissioner: (1) The aggregate number of contacts such pharmaceutical representative had with prescribing practitioners and pharmacists; (2) The specialty of such prescribing practitioner and each pharmacist with whom such pharmaceutical representative made contact; (3) Whether product samples, materials or gifts of any value were provided to a prescribing practitioner or such practitioner's staff in a prescribing practitioner's office or to a pharmacist; and (4) An aggregate report of all free samples, by drug name and strength, in a form and manner prescribed by the commissioner. (g) The department shall annually compile a report on the activities of pharmaceutical marketing firms in the state. Not later than December thirty-first, annually, the department shall post such report on its Internet web site and submit such report to the Secretary of the Office of Policy and Management.