NAC639.69573. Wholesaler who employs person to sell or market device or appliance: Annual submission of certain information to Board; review and contents of marketing code of conduct.

     1. Except as otherwise provided in subsection 2, on or before June 1 of each year, a medical products wholesaler who employs a person to sell or market a device or appliance in this State shall submit to the Board the information required pursuant to subsection 2 of NRS 639.570.

     2. If a medical products wholesaler who employs a person to sell or market a device or appliance in this State uses, without modification, the Code of Ethics on Interactions with Health Care Professionals, as adopted by reference in NAC 639.060, as its marketing code of conduct, the medical products wholesaler may indicate this on its submittal in lieu of submitting a copy of its marketing code of conduct.

     3. If a medical products wholesaler:

     (a) Develops its own marketing code of conduct; or

     (b) Uses a modified version of the Code of Ethics on Interactions with Health Care Professionals, as adopted by reference in NAC 639.060, as its marketing code of conduct,

Ê the staff of the Board shall review the marketing code of conduct to ensure that it addresses the subjects listed in subsection 4.

     4. A marketing code of conduct submitted by a medical products wholesaler pursuant to this section and subsection 2 of NRS 639.570 must address the following subjects:

     (a) Providing or sponsoring product training and education;

     (b) Supporting third-party educational conferences;

     (c) Sales and promotional meetings;

     (d) Arrangements with consultants;

     (e) Gifts;

     (f) Providing reimbursement and other economic information; and

     (g) Grants and other charitable donations.

     5. If the staff of the Board determines that a marketing code of conduct submitted by a medical products wholesaler does not address each of the subjects set forth in subsection 4, the marketing code of conduct shall be deemed incomplete and noncompliant with the provisions of this section and subsection 2 of NRS 639.570.

     (Added to NAC by Bd. of Pharmacy by R122-07, eff. 1-30-2008)