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OLR Bill Analysis
sSB 202
AN ACT CONCERNING THE DEPARTMENT OF CONSUMER
PROTECTION'S RECOMMENDATIONS REGARDING
PRESCRIPTION DRUG CONTROL.
SUMMARY
This bill allows the direct sale of hypodermic needles to certain health
care professionals and amends certain provisions on pharmacists,
pharmaceutical marketing firms and representatives, and controlled
substances.
The bill authorizes licensed manufacturers and wholesalers to sell
hypodermic needles and syringes directly to licensed advanced practice
registered nurses, optometrists, and physician assistants, in addition to
the other professions and groups already covered by existing law.
The bill eliminates the requirement for the Department of Consumer
Protection (DCP) to analyze the information submitted to it while
compiling a report on the activities of pharmaceutical marketing firms.
Among other changes regarding these firms, the bill requires each
pharmaceutical marketing firm that employs or compensates
pharmaceutical representatives to ensure that each representative
discloses to prescribing practitioners and pharmacists certain
information, such as the drug price, each time they contact them about
legend drugs. Under current law, this is the responsibility of the
pharmaceutical representatives themselves.
The bill eliminates an overlapping prohibition on automatic
reciprocal discipline of pharmacists who assist in the termination of a
pregnancy. Under existing law automatic reciprocal discipline of a
pharmacist must be automatically rescinded if the other state’s
discipline was solely for the termination of a pregnancy under 2024SB-00202-R000074-BA.DOCX
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conditions that would not violate Connecticut law.
The bill requires a person permitted to distribute or dispense
controlled substances in Connecticut to make certain medical evaluation
records available to DCP for inspection for the purpose of enforcing
existing law. It does not require the disclosure of any substance abuse
treatment record that is protected from disclosure under federal law.
The bill also makes minor, technical, and conforming changes.
EFFECTIVE DATE: Upon passage
§ 1 — HYPODERMIC NEED LES AND SYRINGES
Under existing law, licensed manufacturers and wholesalers are
permitted to sell hypodermic needles and syringes directly to licensed
physicians, dentists, veterinarians, embalmers, podiatrists, and
scientific investigators, in addition to certain other people and entities.
The bill also authorizes licensed manufacturers and wholesalers to
sell these items directly to licensed advanced practice registered nurses,
optometrists, and physician assistants.
§§ 2-4 & 6 — PHARMACEUTICAL MARKETING FIRM S
Under existing law, pharmaceutical marketing firms that employ
pharmaceutical representatives must annually give DCP (1) a list of all
pharmaceutical representatives they employ and (2) certain information
about these representatives’ activities.
The bill specifies that a ”pharmaceutical marketing firm” includes
entities that compensate pharmaceutical representatives, not just those
who employ them as under current law. Existing law already defines a
“pharmaceutical representative” as someone, including a sales
representative, who markets, promotes, or provides information on
legend drugs to prescribing practitioners and is employed or
compensated by a pharmaceutical manufacturer.
The bill specifically requires firms to include people compensated as
pharmaceutical representatives, not just employed, by the firm in the list 2024SB-00202-R000074-BA.DOCX
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of pharmaceutical representatives that they are required to submit
annually to DCP, and makes related conforming changes.
The bill eliminates the requirement that DCP analyze the information
submitted to it while compiling an annual report on the activities of
pharmaceutical marketing firms. The bill also delays, from December 1
to December 31, 2024, the due date for DCP to post the first report online
and submit it to the Office of Policy and Management.
The bill requires each pharmaceutical marketing firm that employs
or compensates pharmaceutical representatives to ensure that each
representative discloses to prescribing practitioners and pharmacists
certain information each time they make contact about legend drugs.
Under current law, this requirement is the responsibility of the
individual pharmaceutical representatives. That information is:
1. the drug’s list price; and
2. the variation efficacy of the drug marketed to different racial and
ethnic groups, if it is available.
§ 5 — AUTOMATIC RECIPR OCAL DISCIPLINE OF PHARMACISTS
The bill eliminates an overlapping prohibition on automatic
reciprocal discipline of pharmacists who were disciplined in another
state solely for assisting in the termination of a pregnancy.
Two 2023 laws enacted similar provisions providing that such a
pharmacist must not be subject to automatic reciprocal discipline in
Connecticut based on another jurisdiction’s discipline solely for the
termination of a pregnancy that would not violate Connecticut law. The
bill eliminates one of these overlapping provisions and keeps the other.
§ 7 — INSPECTION OF M EDICAL EVALUATION RE CORDS
ASSOCIATED WITH CONT ROLLED SUBSTANCES
The bill requires a person licensed, registered, or otherwise permitted
to distribute or dispense controlled substances in Connecticut to make
medical evaluation records associated with the dispensing,
administering, or prescribing of controlled substances available to DCP 2024SB-00202-R000074-BA.DOCX
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for inspection. These medical evaluation records are confidential and
are not subject to disclosure under the Freedom of Information Act. DCP
is limited to inspecting these records only when they are investigating,
or conducting an enforcement action, of a violation or suspected
violation, relating to the registration of controlled substances.
The bill does not require the disclosure of any substance abuse
treatment record that is protected from disclosure under federal law.
COMMITTEE ACTION
General Law Committee
Joint Favorable Substitute
Yea 22 Nay 0 (03/07/2024)