58-1-501.7. Standards of conduct for prescription drug education -- Academic and commercial detailing.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)For purposes of this section:

(a)"Academic detailing":

(i)means a health care provider who is licensed under this title to prescribe or dispense a prescription drug and employed by someone other than a pharmaceutical manufacturer:

(A)for the purpose of countering information provided in commercial detailing; and

(B)to disseminate educational information about prescription drugs to other health care providers in an effort to better align clinical practice with scientific research; and

(ii)does not include a health care provider who:

(A)is disseminating educational information about a prescription drug as part of teaching or supervising students or graduate medical education students at an institution of higher education or through a medical residency program;

(B)is disseminating educational information about a prescription drug to a patient or a patient's representative; or

(C)is acting within the scope of practice for the health care provider regarding the prescribing or dispensing of a prescription drug.

(b)"Commercial detailing" means an educational practice employed by a pharmaceutical manufacturer in which clinical information and evidence about a prescription drug is shared with health care professionals.

(c)"Manufacture" means the same as that term is defined in Section 58-37-101 .

(d)"Pharmaceutical manufacturer" is a person who manufactures a prescription drug.

(a)Except as provided in Subsection

(3), the provisions of this section apply to an academic detailer beginning July 1, 2013.

(b)An academic detailer and a commercial detailer who educate another health care provider about prescription drugs through written or oral educational material is subject to federal regulations regarding:

(i)false and misleading advertising in 21 C.F.R., Part 201 (2007);

(ii)prescription drug advertising in 21 C.F.R., Part 202 (2007); and

(iii)the federal Office of the Inspector General's Compliance Program Guidance for Pharmaceutical Manufacturers issued in April 2003, as amended.

(c)A person who is injured by a violation of this section has a private right of action against a person engaged in academic detailing, if:

(i)the actions of the person engaged in academic detailing, that are a violation of this section, are:

(A)the result of gross negligence by the person; or

(B)willful and wanton behavior by the person; and

(ii)the damages to the person are reasonable, foreseeable, and proximately caused by the violations of this section.

(a)For purposes of this Subsection, "accident and health insurance":

(i)means the same as that term is defined in Section 31A-1-301 ; and

(ii)includes a self-funded health benefit plan and an administrator for a self-funded health benefit plan.

(b)This section does not apply to a person who engages in academic detailing if that person is engaged in academic detailing on behalf of:

(i)a person who provides accident and health insurance, including when the person who provides accident and health insurance contracts with or offers:

(A)the state Medicaid program, including the Primary Care Network within the state's Medicaid program;

(B)the Children's Health Insurance Program created in Section 26B-3-902 ;

(C)a Medicare plan; or

(D)a Medicare supplement plan;

(ii)a hospital as defined in Section 26B-2-201 ;

(iii)any class of pharmacy as defined in Section 58-17b-102 , including any affiliated pharmacies;

(iv)an integrated health system as defined in Section 13-5b-102 ; or

(v)a medical clinic.

(c)This section does not apply to communicating or disseminating information about a prescription drug for the purpose of conducting research using prescription drugs at a health care facility as defined in Section 26B-2-201 , or a medical clinic.

Amended by Chapter 362 , 2026 General Session