75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3608
 
                           A-Engrossed
 
                         Senate Bill 649
                   Ordered by the Senate May 8
             Including Senate Amendments dated May 8
 
Sponsored by Senator MORRISETTE
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Requires drug manufacturers and wholesale drug outlets to adopt
marketing code of conduct and make annual report to State Board
of Pharmacy.
 
                        A BILL FOR AN ACT
Relating to pharmaceutical sales.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2009 Act is added to and made
a part of ORS chapter 689. + }
  SECTION 2.  { + (1) A manufacturer or wholesale drug outlet
that employs a person to sell a drug in this state shall:
  (a) Adopt a written marketing code of conduct that establishes
the practices and standards that govern the manufacturer's or
wholesale drug outlet's sales and marketing activities. The
marketing code of conduct must incorporate principles of health
care, including a requirement that the activities of the
wholesaler or manufacturer be intended to benefit patients,
enhance the practice of medicine and not interfere with the
independent judgment of health care professionals.
  (b) Provide regular training on the marketing code of conduct
to employees engaged in the sale and marketing of drugs.
  (c) Conduct an annual self-audit to monitor compliance with the
marketing code of conduct.
  (d) Adopt policies and procedures for investigating
noncompliance with the marketing code of conduct, including
procedures for reporting noncompliance, investigation of reports
of noncompliance, policies for corrective action in response to
noncompliance and procedures for reporting noncompliance to law
enforcement authorities in appropriate circumstances.
  (e) Identify a compliance officer responsible for developing
and ensuring compliance with the marketing code of conduct.
  (2) A manufacturer or wholesale drug outlet that employs a
person to sell or market a drug in this state shall submit the
following information to the State Board of Pharmacy each year in
the form and manner required by the board by rule:
  (a) The marketing code of conduct adopted by the manufacturer
or wholesale drug outlet;
 
  (b) A description of the training program established by the
manufacturer or wholesale drug outlet;
  (c) A written statement certifying that the manufacturer or
wholesale drug outlet has conducted the annual self-audit;
  (d) A description of the policies and procedures for
investigating noncompliance with the marketing code of conduct
adopted by the manufacturer or wholesale drug outlet; and
  (e) The name, title and contact information for the compliance
officer appointed by the manufacturer or wholesale drug outlet.
  (3) The State Board of Pharmacy shall report to the Legislative
Assembly in the manner provided in ORS 192.245 by March 31 of
each odd-numbered year on the status of marketing codes of
conduct. + }
  SECTION 3.  { + A manufacturer or wholesale drug outlet that is
subject to the requirements of section 2 of this 2009 Act shall
submit its first report to the State Board of Pharmacy as
required by section 2 (2) of this 2009 Act by December 31,
2010. + }
  SECTION 4.  { + Section 2 of this 2009 Act becomes operative on
June 30, 2010. + }
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