NAC639.617. Manufacturer 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 manufacturer 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 manufacturer described in subsection 1 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 manufacturer may indicate this on its submittal in lieu of submitting a copy of its marketing code of conduct.

     3. If a manufacturer described in subsection 1:

     (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 manufacturer 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 manufacturer 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)