NAC639.6053. Wholesaler who employs person to sell or market drug, medicine or chemical: Annual submission of certain information to Board; review and contents of marketing code of conduct; exemption.

     1. Except as otherwise provided in subsections 2 and 6, on or before June 1 of each year, a wholesaler who employs a person to sell or market a drug, medicine or chemical in this State shall submit to the Board the information required pursuant to subsection 2 of NRS 639.570.

     2. If a wholesaler described in subsection 1 uses, without modification, the Code on Interactions with Healthcare Professionals, as adopted by reference in NAC 639.060, as its marketing code of conduct, the wholesaler may indicate this on its submittal in lieu of submitting a copy of its marketing code of conduct.

     3. If a wholesaler described in subsection 1:

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

     (b) Uses a modified version of the Code on Interactions with Healthcare 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 pursuant to this section and subsection 2 of NRS 639.570 must address the following subjects:

     (a) The basis of interactions;

     (b) Informational presentations by or on behalf of a wholesaler;

     (c) Third-party educational or professional meetings;

     (d) The use of consultants;

     (e) Speaker training meetings;

     (f) Scholarships and educational funds;

     (g) Educational and practice-related items;

     (h) Independence of decision making; and

     (i) Adherence to the marketing code of conduct.

     5. If the staff of the Board determines that a marketing code of conduct submitted by a wholesaler described in subsection 1 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.

     6. The provisions of this section do not apply to a wholesaler whose sole function is to distribute prescription drugs to pharmacies if the wholesaler and the pharmacy to which the prescription drugs are distributed are wholly owned by a common owner.

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