CGS § 21a-70h. Registration as pharmaceutical marketing firm. Definitions.

For the purposes of this section and sections 21a-70i to 21a-70k:

(1) “Commissioner” means the Commissioner of Consumer Protection or the commissioner's authorized representative;

(2) “Contact” means any communication transmitted in person or by telephone, electronic mail, text message or other electronic means between a pharmaceutical representative and a prescribing practitioner or pharmacist, to promote or provide information relating to a legend drug;

(3) “Department” means the Department of Consumer Protection;

(4) “Legend drug” has the same meaning as provided in section 20-571;

(5) “Pharmaceutical manufacturer” (A) means a (i) person, whether within or without the boundaries of the state of Connecticut, that (I) produces, prepares, cultivates, grows, propagates, compounds, converts or processes a drug, directly or indirectly, by extraction from substances of natural origin, by means of chemical synthesis or by a combination of extraction and chemical synthesis, or (II) packages, repackages, labels or relabels a drug container under such manufacturer's own trademark or label, or any other trademark or label, for the purpose of selling the drug, or (ii) sterile compounding pharmacy, as defined in section 20-633b that dispenses sterile pharmaceuticals without a prescription or a patient-specific medical order intended for use in humans, and (B) includes, but is not limited to, a virtual manufacturer, as defined in section 20-571;

(6) “Pharmaceutical marketing firm” means a pharmaceutical manufacturer that employs or compensates pharmaceutical representatives;

(7) “Pharmaceutical representative” means any person, including, but not limited to, a sales representative, who markets, promotes or provides information regarding a legend drug for human use to a prescribing practitioner and is employed or compensated by a pharmaceutical manufacturer;

(8) “Pharmacist” has the same meaning as provided in section 20-571; and

(9) “Prescribing practitioner” has the same meaning as provided in section 20-571.

Short History

(P.A. 23-171, S. 3; P.A. 24-80, S. 2.)

Long History

History: P.A. 24-80 amended Subdiv. (1) by redefining “commissioner” to include commissioner's authorized representative, amended Subdiv. (5) by designating existing provisions as new Subpara. (A), redesignating existing Subparas. (A) and (B) as Subpara. (A)(i) and (ii), dividing redesignated Subpara. (A)(i) into Subpara. (A)(i)(I) and (II), deleting reference to “device or cosmetic” in redesignated Subpara. (A)(i)(I), adding “drug” before “container” and deleting “or a drug, device or cosmetic” and “device or cosmetic” in redesignated Subpara. (A)(i)(II), adding new Subpara. (B) re virtual manufacturers and making technical and conforming changes, deleted former Subdiv. (6) defining “pharmaceutical manufacturer”, redesignated existing Subdivs. (7) to (10) as Subdivs. (6) to (9) and amended redesignated Subdiv. (6) by adding “or compensates”, effective May 30, 2024.