H. B. 4062

(By Delegates Foster, Perdue and Brown)
[Introduced January 19, 2004; referred to the
Committee on Health and Human Resources then Government Organization .]

A BILL to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-5-12a, relating to regulation of pharmaceutical detailers; authorizing the board of pharmacy to license detailers; providing qualifications; renewal of licenses; continuing education; and misdemeanor penalty for violation.

Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §30-5-12a, to read as follows:

§30-5-12a. Pharmaceutical detailers license; qualifications; license renewal; continuing education; misdemeanor offense.

(a) No person may engage in pharmaceutical detailing, which for the purposes of this section means "any person acting in an educational role as the representative of a pharmaceutical company," unless that person, and the company represented by the person, has first secured a marketing license from the board. Lobbyists for pharmaceutical manufacturers are specifically excluded from the definition of pharmaceutical detailing and the provisions of this section. A person who violates any provision of this section is guilty of a misdemeanor and, upon conviction thereof, shall be confined to the county or regional jail, fined no more than five thousand dollars, or both fined and imprisoned.
(b) The board of pharmacy shall promulgate, by rule, standards and procedures necessary to carry out the purposes of this section.
(c) The rules shall require, in order to be licensed as a pharmaceutical detailer within the meaning of this section, a person must present to the board satisfactory evidence that the person is a graduate of a recognized institution of higher education with at least a bachelor's degree in pharmacy or a chemical or physical or biological science: Provided, That persons engaged in pharmaceutical detailing prior to the effective date of this section are exempt from the education requirements of this subsection.
(d) The rules shall require each licensee to pay an annual fee initially on or before the first day of October, two thousand four and then each year thereafter. The annual license fee for persons engaged in pharmaceutical detailing is one hundred dollars.
(e) The term of the license is one year and an annual renewal license may not be issued until the pharmaceutical detailer submits proof to the board of pharmacy that the licensee has satisfactorily completed ten hours in an accredited program of continuing professional education during the previous year to assure the licensee's continued competence to engage in the practice of pharmaceutical detailer. The board may approve continuing professional education in activities such as lectures, seminars, workshops, formal classes, in service programs or correspondence courses and others as may from time to time be determined.

The purpose of this bill is to regulate pharmaceutical detailers and to require licensing of these individuals.

This section is new; therefore, strike-throughs and underscoring have been omitted.