Substitute Senate Bill No. 202, Public Act No. 24-80, is a legislative act that revises regulations related to the sale of hypodermic needles and syringes, the registration and operation of pharmaceutical manufacturers, and the conduct of pharmaceutical marketing firms. The bill expands the list of professionals authorized to purchase hypodermic needles and syringes to include various healthcare practitioners and scientific investigators, while focusing the sale of these items strictly on drugs by removing the ability to sell devices or cosmetics. It also updates definitions for terms such as "Commissioner" and "Pharmaceutical manufacturer," introduces the concept of a "virtual manufacturer," and revises the registration requirements for pharmaceutical marketing firms. These firms must now register annually, provide a list of their pharmaceutical representatives, and ensure proper identification of these representatives to the Department of Consumer Protection. The bill also imposes late fees for firms that fail to renew their registration and requires the department to post the list of pharmaceutical representatives online.
The bill further modifies the role of pharmaceutical representatives by removing the term "sales" from their description, indicating a broader marketing focus, and requires annual reporting on their activities, including the provision of product samples or gifts. It also mandates the disclosure of drug list prices and efficacy information for different racial and ethnic groups. Additionally, the bill updates the conditions for rescinding disciplinary actions against health care professionals from other states, enhances the Commissioner's authority to take action against non-compliant pharmaceutical marketing firms and practitioners related to controlled substances, and requires practitioners to provide access to medical evaluations concerning controlled substances. The bill also addresses the designation of authorized agents by prescribing practitioners for reviewing prescription drug monitoring programs, imposing requirements for confidentiality and administrative safeguards, and holds practitioners accountable for the actions of their authorized agents. Finally, it outlines requirements for prescribing practitioners associated with hospitals to ensure proper oversight and confidentiality when designating authorized agents, granting the commissioner inspection authority to ensure compliance with approved protocols. The bill was approved on May 30, 2024.
Statutes affected: Raised Bill:
GL Joint Favorable Substitute:
File No. 74:
Public Act No. 24-80: