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Utah Has Introduced Legislation Requiring Manufacturers to Provide a List of Pharmaceutical Sales Representatives; Establishes Reporting and Price Disclosure Requirements

March 19, 2020

The Utah Senate has introduced Senate Bill 230 ("S.B. 230"). Among other things, S.B. 230 would require manufacturers to provide monthly to the Utah Division of Occupational and Professional Licensing ("Division") a list of pharmaceutical representatives employed or contracted by the manufacturer to engage in pharmaceutical drug marketing. The Division would be required to make the current list of pharmaceutical sales representatives electronically available to health care entities. Representatives included on the list would be allowed to market to health care entities in the state.

The term "health care entity" includes health care providers, health care facilities, and pharmacies.

Additionally, S.B. 230 would require each pharmaceutical sales representative included on a list submitted by a manufacturer to annually submit a report to the Division. On or before March 1 of each year, the following would be required:

  •  A list of the health care entities that the representative provided individual compensation of $10 or more, or with a fair market value of $100 or more for the year;
  •  The name and the manufacturer of each free drug sample provided by the representative; and
  •  The name of each health care entity to which a free drug sample was provided.

Further, S.B. 230 would require the Division to publish an annual report with the names of all pharmaceutical representatives included on any list, the names of the manufacturers that provided the Division with a list, the names of the sample drugs provided, and the number of health care entities to which compensation was provided.

Lastly, S.B. 230 would require each person engaging in pharmaceutical marketing to provide the following written materials to the health care provider to whom prescription drug marketing is directed:

  •  The name of the drug and the manufacturer;
  •  The average wholesale price ("AWP") of the drug for each labeled indication, including the price for different strengths and dosage forms; and
  •  The AWP of a 30-day supply or for a course of treatment less than 30 days, the AWP per course of treatment.

For more information, and to view a copy of S.B. 230, please visit Utah's Marketing Disclosure, Rep. Licensure, and Price Disclosure sections of the Transparency and Limitations database.

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