58-1-501.7. Standards of conduct for prescription drug education -- Academic and commercial detailing.
(1) For purposes of this section: "Academic detailing": 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: for the purpose of countering information provided in commercial detailing; and to disseminate educational information about prescription drugs to other health care providers in an effort to better align clinical practice with scientific research; and does not include a health care provider who: 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; is disseminating educational information about a prescription drug to a patient or a patient's representative; or is acting within the scope of practice for the health care provider regarding the prescribing or dispensing of a prescription drug. "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. "Manufacture" means the same as that term is defined in Section. 58-37-101 "Pharmaceutical manufacturer" is a person who manufactures a prescription drug.
(2) Except as provided in Subsection, the provisions of this section apply to an academic detailer beginning July 1, 2013. (3) 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: false and misleading advertising in 21 C.F.R., Part 201 (2007); prescription drug advertising in 21 C.F.R., Part 202 (2007); and the federal Office of the Inspector General's Compliance Program Guidance for Pharmaceutical Manufacturers issued in April 2003, as amended. 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: the actions of the person engaged in academic detailing, that are a violation of this section, are: the result of gross negligence by the person; or willful and wanton behavior by the person; and the damages to the person are reasonable, foreseeable, and proximately caused by the violations of this section.
(3) For purposes of this Subsection, "accident and health insurance": means the same as that term is defined in Section; and 31A-1-301 includes a self-funded health benefit plan and an administrator for a self-funded health benefit plan. This section does not apply to a person who engages in academic detailing if that person is engaged in academic detailing on behalf of: a person who provides accident and health insurance, including when the person who provides accident and health insurance contracts with or offers: the state Medicaid program, including the Primary Care Network within the state's Medicaid program; the Children's Health Insurance Program created in Section; 26B-3-902 a Medicare plan; or a Medicare supplement plan; a hospital as defined in Section; 26B-2-201 any class of pharmacy as defined in Section, including any affiliated pharmacies; 58-17b-102 an integrated health system as defined in Section; or 13-5b-102 a medical clinic. 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, or a medical clinic. 26B-2-201