O F F I C E O F L E G I S L A T I V E R E S E A R C H
P U B L I C A C T S U M M A R Y
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PA 24-80—sSB 202
General Law Committee
AN ACT CONCERNING TH E DEPARTMENT OF CONS UMER
PROTECTION'S RECOMME NDATIONS REGARDING P RESCRIPTION
DRUG CONTROL
SUMMARY: This act makes several unrelated changes to the laws on pharmacists,
pharmaceutical marketing firms and representatives, and controlled substances. It:
1. allows the direct sale of hypodermic needles to certain additional health care
professionals;
2. among other changes regarding pharmaceutical marketing firms, requires
each pharmaceutical marketing firm that employs or compensates
pharmaceutical representatives to ensure that each representative discloses
to prescribing practitioners and pharmacists certain information;
3. eliminates an overlapping prohibition on automatic reciprocal discipline of
pharmacists who assist in the termination of a pregnancy, while still
maintaining the prohibition;
4. requires a person permitted to administer, prescribe, or dispense controlled
substances in Connecticut to make certain medical evaluation records
available to the Department of Consumer Protection (DCP) for inspection
for the purpose of enforcing existing law; and
5. makes minor, technical, and conforming changes.
EFFECTIVE DATE: Upon passage
§ 1 — SALES OF HYPODERMIC NEEDLES A ND 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 (e.g., farmers and industrial users).
The act additionally 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 FIRMS
Under existing law, pharmaceutical marketing firms that employ
pharmaceutical representatives must register with DCP and annually give DCP (1)
a list of all pharmaceutical representatives they employ and (2) certain information
about these representatives’ activities.
The act specifies that a “pharmaceutical marketing firm” includes entities that
compensate pharmaceutical representatives, not just those who employ them as
under prior law. Existing law already defines a “pharmaceutical representative” as O L R P U B L I C A C T S U M M A R Y
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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. In conformity, the act (1)
specifically requires firms to include people compensated as pharmaceutical
representatives by the firm in the list of pharmaceutical representatives that they
submit annually to DCP and (2) makes related changes.
The act eliminates the requirement that DCP analyze the information submitted
to it by firms and compile an annual report on the activities of pharmaceutical
representatives (the first such report, under prior law, was due December 1, 2024).
The act instead requires DCP to annually report information on pharmaceutical
marketing firms’ activities. The act 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 act 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. Prior law did not explicitly give firms
responsibility for ensuring this information was provided. Unchanged by the act,
the required information is the drug’s (1) list price and (2) variation efficacy for
different racial and ethnic groups if it is available.
§ 5 — AUTOMATIC RECIPROCAL DISCIPLINE OF PHARMACISTS
The act makes a minor change in state law to eliminate an overlapping
prohibition on automatic reciprocal discipline of pharmacists who were disciplined
in another state solely for assisting in the termination of a pregnancy. Under
existing law and the act, 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.
§ 7 — INSPECTION OF MEDICAL EVALUATION REC ORDS ASSOCIATED
WITH CONTROLLED SUBS TANCES
The act 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 for inspection. These medical evaluation
records are confidential and 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 a controlled substances registration.
The act does not require the disclosure of any substance abuse treatment record
that is protected from disclosure under federal law.