House Journal: Page 938: Wednesday, April 2, 2003
Page 4
1 gifts that are exempt from the prohibition pursuant to
2 subsection 2.
3 e. The attorney general may bring an action for
4 injunctive relief, costs, and attorney fees, and may
5 impose a civil penalty of not more than ten thousand
6 dollars per violation on a company that fails to
7 disclose information as required by this subsection.
8 Each failure to disclose constitutes a separate
9 violation.
10 4. For the purposes of this section:
11 a. "Pharmaceutical manufacturing company" means
12 any entity engaged in the production, preparation,
13 propagation, compounding, conversion, or processing of
14 prescription drugs, either directly or indirectly by
15 extraction from substances of natural origin, or
16 independently by means of chemical synthesis, or by a
17 combination of extraction and chemical synthesis, or
18 any entity engaged in the packaging, repackaging,
19 labeling, relabeling, or distribution of prescription
20 drugs. The term does not include a wholesaler or a
21 pharmacist licensed under this chapter.
22 b. "Pharmaceutical marketer" means a person who,
23 while employed by or under contract to represent a
24 pharmaceutical manufacturing company, engages in
25 pharmaceutical detailing, promotional activities, or
26 other marketing of prescription drugs in this state to
27 any practitioner, hospital, health care facility,
28 pharmacist, health benefit plan administrator, or any
29 other person licensed or authorized to prescribe,
30 dispense, distribute, or purchase prescription drugs.
31 "Pharmaceutical marketer" does not include a
32 wholesaler or a wholesale salesperson.
33 Sec. . NEW SECTION. 249A.20A PREFERRED DRUG
34 LIST PROGRAM.
35 1. The department shall establish and implement a
36 preferred drug list program under the medical
37 assistance program. The department shall submit a
38 medical assistance state plan amendment to the centers
39 for Medicare and Medicaid services of the United
40 States department of health and human services, no
41 later than May 1, 2003, to implement the program.
42 2. A medical assistance pharmaceutical and
43 therapeutics committee shall be established within the
44 department by July 1, 2003, for the purpose of
45 developing and providing ongoing review of the
46 preferred drug list. The committee shall be comprised
47 of members as specified in 42 U.S.C. § 1396r-8,
48 appointed by the governor. The members shall be
49 appointed to terms of two years. Members may be
50 appointed to more than one term. The department shall
© 2003 Cornell College and
League of Women Voters of Iowa
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