By Ingrid A. Pelzer (@IngridPelzer)
The District of Columbia's (D.C.) Prescription Drug Marketing Cost Reporting Law (D.C. CODE § 48-833.01-09) requires manufacturers and labelers of prescription drugs dispensed in D.C. that employ, direct, or utilize marketing representatives in D.C. to submit an annual report disclosing certain prescription drug marketing costs. In a move prompted by the enactment of the federal Sunshine Act reporting requirements, the D.C. Department of Health (Department) will not require manufacturers and labelers to report gifts made to physicians and teaching hospitals between August 1 and December 31, 2013.
The federal Sunshine Act and its implementing regulations preempt any state or local laws that require manufacturers to report the type of information regarding the payments or other transfers of value to physicians or teaching hospitals as required by the federal law. As such, the Department has noted in its 2013 reporting guide that manufacturers and labelers must report gifts made between January 1 and July 31, 2013, in the same manner as in past years. Manufacturers and labelers must also report gifts made between August 1 and December 31, 2013, to all recipients, except physicians and teaching hospitals. Physicians include doctors of medicine or osteopathy, doctors of dental surgery or medicine, doctors of podiatric medicine, doctors of optometry, or chiropractors.
Please note that D.C.'s reporting requirements for aggregate and advertising expenses remain unchanged. Companies must submit their reports by July 1, 2014, for those expenses incurred during the 2013 calendar year. Companies must also submit a $5,000 filing fee.