(1) A manufacturer, or a representative, agent, or employee of a manufacturer, who while employed by or under contract to represent a manufacturer engages in prescription drug marketing, shall provide to a prescriber, in writing, the wholesale acquisition cost of a prescription drug when, in the course of conducting business, the manufacturer, representative, agent, or employee provides information concerning the drug to the prescriber. (2) (a) When providing the information required by subsection (1) of this section, a manufacturer, or a representative, agent, or employee of a manufacturer, shall also disseminate the names of at least three generic prescription drugs from the same therapeutic class, or if three are not available, as many as are available for prescriptive use. (b) For the purposes of this section: (I) "Prescriber" means a health-care provider licensed pursuant to this title 12 who is authorized to prescribe controlled substances or prescription drugs. (II) "Prescription drug marketing" means any activity that does not include conversations at scientific conferences and that may include in-person meetings, physical mailings, telephonic conversations, video conferencing, electronic mailing or texting, or facsimile transmissions that provides educational or marketing information or materials regarding a prescription drug. (III) "Therapeutic class" means a group of similar drugs that have the same or similar mechanisms of action and are used to treat a specific condition.
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