HB1264: relative to advertisement of prescription drugs.

HB 1264 - AS INTRODUCED

2003 SESSION

03-2121

01/09

HOUSE BILL 1264

AN ACT relative to advertisement of prescription drugs.

SPONSORS: Rep. DeJoie, Merr 39; Rep. Dexter, Ches 27; Rep. Pilliod, Belk 31

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-2121

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

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 Definitions; Advertisement. Amend RSA 146:2, XIV to read as follows:

XIV. The term "advertisement'' means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of food, drugs, devices or cosmetics. Advertisement includes, but is not limited to, newspapers, magazines, periodicals, television and radio broadcasting, electronic or computer media or other commercially-acceptable promotional means and methods which may become available.

3 False Advertisement. RSA 146:9 is repealed and reenacted to read as follows:

146:9 False or Misleading Advertisement.

I. An advertisement of food, drug, device or cosmetic shall be deemed to be false or misleading, if it shall:

(a) Be false or misleading in any particular.

(b) Make any statement either directly or indirectly implying that the product is recommended or endorsed by any agency of the federal or state government, unless the agency concerned has approved the statement prior to its use.

(c) Advertise 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.

(d) Require a prescription for use.

II. No advertisement not in violation of subparagraph I(b) of this section, shall be deemed to be false or misleading under this section if it shall be disseminated only to members of professions with prescriptive authority, 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.

III. Whenever the commissioner shall agree that an advance in medical science has made any type of non-prescriptive self-medication safe as to any of the diseases named in subparagraph I(c), 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.

4 Administrative Fines. Amend RSA 146:18-a to read as follows:

146:18-a Administrative Fines. The commissioner of the department of health and human services, after notice and hearing, pursuant to rules adopted under RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter or rules adopted under this chapter, except RSA 146:9-d, where such fine shall not exceed $10,000 and except for those provisions relating to additives to fresh produce. Rehearings and appeals from a decision of the commissioner shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties or administrative actions under this chapter. The commissioner shall adopt rules, in accordance with RSA 541-A, relative to administrative fines which shall be scaled to reflect the scope and severity of the violation. The sums obtained from the levying of administrative fines under this chapter shall be forwarded to the state treasurer to be deposited into the general fund.

5 Effective Date. This act shall take effect January 1, 2005.