(a) On and after October 1, 2023, a pharmaceutical manufacturer that employs an individual to perform the duties of a pharmaceutical sales representative shall register annually with the department as a pharmaceutical marketing firm, in a form and manner prescribed by the commissioner. No pharmaceutical manufacturer shall authorize an individual to perform such duties on such manufacturer’s behalf unless such manufacturer has obtained a registration from the department pursuant to this section. Registrations issued pursuant to this section shall expire annually on June thirtieth.

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(b) The nonrefundable fee for registration as a pharmaceutical marketing firm and for annual renewal of such registration shall be one hundred fifty dollars. Any pharmaceutical marketing firm that fails to renew its registration on or before June thirtieth shall pay a late fee of one hundred dollars for each year that such firm did not renew, in addition to the annual renewal fee required under this section.

(c) On the date of its initial registration, and annually thereafter, each pharmaceutical marketing firm shall provide to the department a list of all individuals employed by such firm as a pharmaceutical sales representative. Each pharmaceutical marketing firm shall notify the department, in a form and manner prescribed by the commissioner, of each individual who is no longer employed as a pharmaceutical sales representative or who was hired after the date on which such firm provided such annual list, not later than two weeks after such individual leaves employment or was hired.

(d) The department shall prominently post on its Internet web site the most recent list provided by each pharmaceutical marketing firm pursuant to subsection (c) of this section.

(e) Any person who is not identified to the department pursuant to subsection (c) of this section shall not perform the duties of a pharmaceutical sales representative on behalf of the pharmaceutical marketing firm for any prescribing practitioner in this state.

(f) Not later than July 1, 2024, and annually thereafter, each pharmaceutical marketing firm shall provide the commissioner with the following information regarding the performance for the previous calendar year of each of its pharmaceutical sales representatives identified to the department pursuant to subsection (c) of this section at any time during the previous calendar year, in a form and manner prescribed by the commissioner:

(1) The aggregate number of contacts such pharmaceutical sales representative had with prescribing practitioners and pharmacists;

(2) The specialty of each prescribing practitioner and pharmacist with whom such pharmaceutical sales representative made contact;

(3) Whether product samples, materials or gifts of any value were provided to a prescribing practitioner or such practitioner’s staff in a prescribing practitioner’s office or to a pharmacist; and

(4) An aggregate report of all free samples, by drug name and strength, in a form and manner prescribed by the commissioner.

(g) The department shall annually analyze the information submitted pursuant to this section and compile a report on the activities of pharmaceutical sales representatives in the state. Not later than December 1, 2024, and annually thereafter, the department shall post such report on its Internet web site and submit such report to the Secretary of the Office of Policy and Management.