House
File
396
-
Introduced
HOUSE
FILE
396
BY
SHIPLEY
A
BILL
FOR
An
Act
prohibiting
certain
advertising
of
prescription
drugs
in
1
the
state
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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396
Section
1.
Section
714.21A,
Code
2021,
is
amended
to
read
1
as
follows:
2
714.21A
Civil
enforcement.
3
A
violation
of
chapter
261B
,
or
section
714.17
,
714.18
,
4
714.20
,
714.23
,
or
714.25
,
or
714.29
constitutes
an
unlawful
5
practice
pursuant
to
section
714.16
.
6
Sec.
2.
NEW
SECTION
.
714.29
Advertising
of
prescription
7
drugs
prohibited.
8
1.
As
used
in
this
section,
unless
the
context
otherwise
9
requires:
10
a.
“Manufacturer
of
prescription
drugs”
or
“manufacturer”
11
means
a
manufacturer
of
prescription
drugs
or
an
affiliate
12
of
the
manufacturer
or
a
labeler
that
receives
prescription
13
drugs
from
a
manufacturer
or
wholesaler
and
repackages
those
14
prescription
drugs
for
later
retail
sale
and
that
has
a
labeler
15
code
from
the
United
States
food
and
drug
administration
under
16
21
C.F.R.
§2027.20.
17
b.
“Prescription
drug”
means
the
same
as
defined
in
section
18
155A.3.
19
c.
“Regulated
advertisement”
means
the
presentation
to
the
20
general
public
of
a
commercial
message
regarding
a
prescription
21
drug
by
a
manufacturer
of
prescription
drugs
that
meets
one
of
22
the
following
conditions:
23
(1)
Is
broadcast
on
television
or
radio
from
a
station
that
24
is
physically
located
in
the
state.
25
(2)
Is
broadcast
over
the
internet
from
a
location
in
the
26
state.
27
(3)
Is
printed
in
magazines
or
newspapers
that
are
printed,
28
distributed,
or
sold
in
the
state.
29
2.
A
manufacturer
shall
not
present,
or
cause
to
be
30
presented
in
this
state,
a
regulated
advertisement.
31
3.
A
violation
of
this
section
is
a
serious
misdemeanor.
32
Each
day
a
manufacturer
is
in
violation
of
this
section
is
33
considered
a
separate
violation.
34
EXPLANATION
35
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396
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
1
the
explanation’s
substance
by
the
members
of
the
general
assembly.
2
This
bill
prohibits
the
advertising
of
prescription
drugs,
3
either
by
broadcast
by
a
television
or
radio
station
in
this
4
state,
over
the
internet
from
a
location
in
this
state,
or
in
5
a
magazine
or
newspaper
printed,
distributed,
or
sold
in
this
6
state.
A
violation
of
the
bill
is
a
serious
misdemeanor.
A
7
serious
misdemeanor
is
punishable
by
confinement
for
no
more
8
than
one
year
and
a
fine
of
at
least
$430
but
not
more
than
9
$2,560.
Each
day
a
manufacturer
is
in
violation
of
the
bill
is
10
considered
a
separate
violation.
A
violation
of
the
bill
is
11
also
an
unlawful
practice
under
Code
section
714.16
(consumer
12
frauds)
which
includes
enforcement
provisions
relating
to
13
injunctive
relief
and
other
relief
and
civil
penalties.
14
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