HB 386-FN – AS INTRODUCED

2007 SESSION

07-0578

01/04

HOUSE BILL 386-FN

AN ACT relative to advertisement of prescription drugs.

SPONSORS: Rep. DeJoie, Merr 11; Rep. Matthew Quandt, Rock 13

COMMITTEE: Commerce

ANALYSIS

This bill clarifies advertisements for prescription drugs.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07-0578

01/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to advertisement of prescription drugs.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Pure Food and Drugs; Prohibited Acts; Misleading Added. Amend RSA 146:1, IV to read as follows:

IV. The dissemination of any false or misleading advertisement.

2 False Advertisement. Amend RSA 146:9, II to read as follows:

II. The advertisement of a drug or device [representing it to have any effect in albuminuria, appendicitis, arteriosclerosis, blood poison, bone disease, Bright ‘s disease, cancer, carbuncles, chloecystitis, diabetes, diphtheria, dropsy, erysipelas, gallstones, heart and vascular diseases, high blood pressure, mastoiditis, measles, meningitis, mumps, nephritis, otitis media, paralysis, pneumonia, poliomyelitis (infantile paralysis), prostate gland disorders, pyelitis, scarlet fever, sexual impotence, sinus infection, smallpox, tuberculosis, tumors, typhoid, uremia or venereal disease, shall also be deemed to be false; except that no advertisement not in violation of paragraph I of this section shall be deemed to be false under this section if it shall be disseminated only to members of the medical, dental or veterinary profession, or shall appear only in the scientific periodicals of these professions, or is disseminated only for the purpose of public health education by persons not commercially interested, directly or indirectly, in the sale of such drugs or devices; provided, whenever the commissioner shall agree that an advance in medical science has made any type of self-medication safe as to any of the diseases named above, the commissioner shall, by regulation, authorize the advertisement of drugs having curative or therapeutic effect for such disease, subject to such conditions and restrictions as the commissioner may deem necessary in the interests of public health; provided, this section shall not be construed as indicating that self-medication for disease other than those named herein is safe or efficacious] which requires a prescription for use shall also be considered false or misleading; provided, that an advertisement which is not in violation of paragraph I may be disseminated to members of the medical, dental, or veterinary profession, may appear in scientific periodicals of these professions, and may be disseminated for the purpose of public health education only by persons not commercially interested, directly or indirectly, in the sale of such drugs or devices.

3 Effective Date. This act shall take effect January 1, 2008.

LBAO

07-0578

1/18/07

HB 386-FN - FISCAL NOTE

AN ACT relative to advertisement of prescription drugs and establishing the pharmaceutical marketing disclosure law.

FISCAL IMPACT:

METHODOLOGY: