UT Code § 58-1-501.7 (2021)
2021 Utah Code|Title 58 - Occupations and Professions|Chapter 1 - Division of Occupational and Professional Licensing Act|Part 5 - Unlawful and Unprofessional Conduct - Penalties|Section 501.7 - Standards of conduct for prescription drug education -- Academic and commercial detailing.

 Effective 5/12/2020  58-1-501.7. Standards of conduct for prescription drug education -- Academic and commercial detailing.    (1) For purposes of this section:   (a) "Academic detailing":   (i) 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:   (A) for the purpose of countering information provided in commercial detailing; and     (B) to disseminate educational information about prescription drugs to other health care providers in an effort to better align clinical practice with scientific research; and       (ii) does not include a health care provider who:   (A) 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;     (B) is disseminating educational information about a prescription drug to a patient or a patient's representative; or     (C) is acting within the scope of practice for the health care provider regarding the prescribing or dispensing of a prescription drug.         (b) "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.     (c) "Manufacture" is as defined in Section 58-37-2.     (d) "Pharmaceutical manufacturer" is a person who manufactures a prescription drug.       (2)   (a) Except as provided in Subsection (3), the provisions of this section apply to an academic detailer beginning July 1, 2013.     (b) 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:   (i) false and misleading advertising in 21 C.F.R., Part 201 (2007);     (ii) prescription drug advertising in 21 C.F.R., Part 202 (2007); and     (iii) the federal Office of the Inspector General's Compliance Program Guidance for Pharmaceutical Manufacturers issued in April 2003, as amended.       (c) 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:   (i) the actions of the person engaged in academic detailing, that are a violation of this section, are:   (A) the result of gross negligence by the person; or     (B) willful and wanton behavior by the person; and       (ii) the damages to the person are reasonable, foreseeable, and proximately caused by the violations of this section.         (3)   (a) For purposes of this Subsection, "accident and health insurance":   (i) means the same as that term is defined in Section 31A-1-301; and     (ii) includes a self-funded health benefit plan and an administrator for a self-funded health benefit plan.       (b) This section does not apply to a person who engages in academic detailing if that person is engaged in academic detailing on behalf of:   (i) a person who provides accident and health insurance, including when the person who provides accident and health insurance contracts with or offers:   (A) the state Medicaid program, including the Primary Care Network within the state's Medicaid program;     (B) the Children's Health Insurance Program created in Section 26-40-103;     (C) a Medicare plan; or     (D) a Medicare supplement plan;       (ii) a hospital as defined in Section 26-21-2;     (iii) any class of pharmacy as defined in Section 58-17b-102, including any affiliated pharmacies;     (iv) an integrated health system as defined in Section 13-5b-102; or     (v) a medical clinic.       (c) 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 26-21-2, or a medical clinic.      Amended by Chapter 354, 2020 General Session