Nevada To Begin Enforcing Pharma Sales Force Registration Law
Back in 2017, the state of Nevada passed a sweeping bill into law that addressed not only drug pricing transparency, but also reporting obligations applicable to pharmacy benefit managers and non-profit organizations and also imposed certain requirements on manufacturer sales forces. Arent Fox wrote about the bill in a past blog post.
The Arent Fox blog post can be found here.
Regardless of the types of drugs produced by a manufacturer, any manufacturer with a sales force that “markets prescription drugs on behalf of the manufacturer to providers of health care licensed” in Nevada must provide the State with a list of all their sales representatives. An individual who is not included on the list or otherwise properly registered with the state “shall not” detail or market prescription drugs to any provider or for sale to any resident of Nevada.
In an email sent on February 18, 2022, the Nevada Drug Transparency Program informed members of its listserv that “pursuant to existing law, going forward Nevada will be imposing fines for failure to register representatives. Representatives are to be registered before or at the time they begin working in Nevada.” According to N.R.S. 439B.695(3), the “Department may impose against the pharmaceutical sales representative an administrative penalty of not more than $500 for each day” that the representative fails to comply with the registration law.
Pharmaceutical manufacturers should take this opportunity to remind their sales force of the registration and other reporting requirements in Nevada.
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