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" means the same as that term is defined in Section 58-37-101. (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 26B-3-902; (C) a Medicare plan; or (D) a Medicare supplement plan; (ii) a hospital as defined in Section 26B-2-201; (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 26B-2-201, or a medical clinic.
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