HB 386-FN – AS INTRODUCED
2007 SESSION
01/04
HOUSE BILL 386-FN
AN ACT relative to advertisement of prescription drugs.
SPONSORS: Rep. DeJoie, Merr 11; Rep. Matthew Quandt, Rock 13
This bill clarifies advertisements for prescription drugs.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-0578
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to advertisement of prescription drugs.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Pure Food and Drugs; Prohibited Acts; Misleading Added. Amend RSA 146:1, IV to read as follows:
IV. The dissemination of any false or misleading advertisement.
2 False Advertisement. Amend RSA 146:9, II to read as follows:
II. The advertisement of a drug or device [representing it to have any effect in albuminuria, appendicitis, arteriosclerosis, blood poison, bone disease, Bright ‘s disease, cancer, carbuncles, chloecystitis, diabetes, diphtheria, dropsy, erysipelas, gallstones, heart and vascular diseases, high blood pressure, mastoiditis, measles, meningitis, mumps, nephritis, otitis media, paralysis, pneumonia, poliomyelitis (infantile paralysis), prostate gland disorders, pyelitis, scarlet fever, sexual impotence, sinus infection, smallpox, tuberculosis, tumors, typhoid, uremia or venereal disease, shall also be deemed to be false; except that no advertisement not in violation of paragraph I of this section shall be deemed to be false under this section if it shall be disseminated only to members of the medical, dental or veterinary profession, or shall appear only in the scientific periodicals of these professions, or is disseminated only for the purpose of public health education by persons not commercially interested, directly or indirectly, in the sale of such drugs or devices; provided, whenever the commissioner shall agree that an advance in medical science has made any type of self-medication safe as to any of the diseases named above, the commissioner shall, by regulation, authorize the advertisement of drugs having curative or therapeutic effect for such disease, subject to such conditions and restrictions as the commissioner may deem necessary in the interests of public health; provided, this section shall not be construed as indicating that self-medication for disease other than those named herein is safe or efficacious] which requires a prescription for use shall also be considered false or misleading; provided, that an advertisement which is not in violation of paragraph I may be disseminated to members of the medical, dental, or veterinary profession, may appear in scientific periodicals of these professions, and may be disseminated for the purpose of public health education only by persons not commercially interested, directly or indirectly, in the sale of such drugs or devices.
3 Effective Date. This act shall take effect January 1, 2008.
LBAO
07-0578
1/18/07
HB 386-FN - FISCAL NOTE
AN ACT relative to advertisement of prescription drugs and establishing the pharmaceutical marketing disclosure law.
FISCAL IMPACT:
The Departments of State and Justice state this bill may increase state expenditures by an indeterminable amount in FY 2008 and each year thereafter. This bill will have no fiscal impact on state, county, and local revenue or county and local expenditures.
METHODOLOGY:
The Department of State cannot determine the number of pharmaceutical companies that will be subject to the provisions of this legislation. The Department is also unable to determine the scope and nature of information requested from pharmaceutical companies in this bill. The Department would be able to absorb any costs associated with accepted filings up to a point, but is unable to determine the total fiscal impact on the Department at this time.
The Department of Justice states this bill would require pharmaceutical manufacturing companies to disclose to the Secretary of State information about detailing, promotional, or marketing activities. The bill authorizes the Attorney General to seek injunctive relief, costs, attorney’s fees, and a civil penalty of no more than $10,000 per violation. The Department estimates this bill will result in an increase in complaints to the Department, and may create a new area for investigations and prosecutions. It is anticipated that the increase will result in the use of approximately 5-10% of an attorney’s time and 5-10% of a paralegal’s time. No special expertise is required for the attorney. The exact fiscal impact cannot be determined at this time.
The Pharmacy Board states this bill will have no fiscal impact on their agency.