Vermont § 2466a - Consumer protections; prescription drugs

§ 2466a. Consumer protections; prescription drugs

• (a) A violation of 18 V.S.A. § 4631 shall be considered a prohibited practice under section 2453 of this title. (b) As provided in 18 V.S.A. § 9474, a violation of 18 V.S.A. § 9472 or 9473 shall be considered a prohibited practice under section 2453 of this title. (c)(1) It shall be a prohibited practice under section 2453 of this title for a manufacturer of prescription drugs to present or cause to be presented in the
  State a regulated advertisement if that advertisement does not comply with the requirements
  concerning drugs and devices and prescription drug advertising in federal law and
  regulations under 21 U.S.C. §§ 331 and 352(n) and 21 C.F.R. Part 202. (2) For purposes of this section: (A) “Manufacturer of prescription drugs” means a person authorized by law to manufacture,
  bottle, or pack drugs or biological products; a licensee or affiliate of that person;
  or a labeler that receives drugs or biological products from a manufacturer or wholesaler
  and repackages them for later retail sale and has a labeler code from the federal
  Food and Drug Administration under 21 C.F.R. § 202.20. (B) “Regulated advertisement” means: (i) the presentation to the general public of a commercial message regarding a prescription
  drug or biological product by a manufacturer of prescription drugs that is broadcast
  on television, cable, or radio from a station or cable company that is physically
  located in the State, broadcast over the Internet from a location in the State, or
  printed in magazines or newspapers that are printed, distributed, or sold in the State;
  or (ii) a commercial message regarding a prescription drug or biological product by a manufacturer
  of prescription drugs or its representative that is conveyed: (I) to the office of a health care professional doing business in Vermont, including statements
  by representatives or employees of the manufacturer and materials mailed or delivered
  to the office; or (II) at a conference or other professional meeting occurring in Vermont. (d) No person shall sell, offer for sale, or distribute electronic prescribing software
  that advertises, uses instant messaging and pop-up advertisements, or uses other means
  to influence or attempt to influence the prescribing decision of a health care professional
  through economic incentives or otherwise and that is triggered or in specific response
  to the input, selection, or act of a health care professional or agent in prescribing
  a specific prescription drug or directing a patient to a certain pharmacy. This subsection
  shall not apply to information provided to the health care professional about pharmacy
  reimbursement, prescription drug formulary compliance, and patient care management. (Added 2007, No. 80, § 21; amended 2007, No. 89 (Adj. Sess.), § 5, eff. March 5, 2008; 2013, No. 144 (Adj. Sess.), § 15; 2015, No. 23, § 42.)