{"data":{"id":"us-ut/utah-code-58-1-501.7","jurisdiction":"us-ut","citation":"Utah Code § 58-1-501.7","heading":"Standards of conduct for prescription drug education -- Academic and commercial detailing.","body":"(1) For purposes of this section:\n(a) \"Academic detailing\":\n(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:\n(A) for the purpose of countering information provided in commercial detailing; and\n(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\n(ii) does not include a health care provider who:\n(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;\n(B) is disseminating educational information about a prescription drug to a patient or a patient's representative; or\n(C) is acting within the scope of practice for the health care provider regarding the prescribing or dispensing of a prescription drug.\n(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.\n(c) \"Manufacture\" means the same as that term is defined in Section 58-37-101.\n(d) \"Pharmaceutical manufacturer\" is a person who manufactures a prescription drug.\n(2)\n(a) Except as provided in Subsection (3), the provisions of this section apply to an academic detailer beginning July 1, 2013.\n(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:\n(i) false and misleading advertising in 21 C.F.R., Part 201 (2007);\n(ii) prescription drug advertising in 21 C.F.R., Part 202 (2007); and\n(iii) the federal Office of the Inspector General's Compliance Program Guidance for Pharmaceutical Manufacturers issued in April 2003, as amended.\n(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:\n(i) the actions of the person engaged in academic detailing, that are a violation of this section, are:\n(A) the result of gross negligence by the person; or\n(B) willful and wanton behavior by the person; and\n(ii) the damages to the person are reasonable, foreseeable, and proximately caused by the violations of this section.\n(3)\n(a) For purposes of this Subsection, \"accident and health insurance\":\n(i) means the same as that term is defined in Section 31A-1-301; and\n(ii) includes a self-funded health benefit plan and an administrator for a self-funded health benefit plan.\n(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:\n(i) a person who provides accident and health insurance, including when the person who provides accident and health insurance contracts with or offers:\n(A) the state Medicaid program, including the Primary Care Network within the state's Medicaid program;\n(B) the Children's Health Insurance Program created in Section 26B-3-902;\n(C) a Medicare plan; or\n(D) a Medicare supplement plan;\n(ii) a hospital as defined in Section 26B-2-201;\n(iii) any class of pharmacy as defined in Section 58-17b-102, including any affiliated pharmacies;\n(iv) an integrated health system as defined in Section 13-5b-102; or\n(v) a medical clinic.\n(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.","path":["Title 58 Occupations and Professions","Chapter 58-1 Division of Professional Licensing Act","Part 58-1-5 Unlawful and Unprofessional Conduct - Penalties"],"source_url":"https://le.utah.gov/xcode/Title58/Chapter1/58-1-S501.7.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"7c0ea647d545b056b10fcac87c96095264f23d829e7e405fe99bf02daaa88ef6","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-58-1-501.6","next":"us-ut/utah-code-58-1-501.8"},"notice":"GroundRules: Original legal text. Not legal advice."}