(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:
"Prescriber" means a health care provider licensed pursuant to this title 12 who isauthorized to prescribe controlled substances or prescription drugs.
"Prescription drug marketing" means any activity that does not include conversationsat 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.
"Therapeutic class" means a group of similar drugs that have the same or similarmechanisms of action and are used to treat a specific condition.
Source: L. 2019: Entire section added, (HB 19-1131), ch. 185, p. 2076, § 2, effective October 1.
Editor's note: This section is similar to § 12-42.5-308 as added in HB 19-1131. That section was superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For the former section in effect from August 2, 2019, to October 1, 2019, see HB 19-1131, chapter 185, Session Laws of Colorado 2019.