Subchapter VII-D. Pharmaceutical Detailers; Scope of Practice; Qualifications for Licensure; Waiver of Licensure Requirements; Continuing Education; Penalties.

§ 3–1207.41. Scope of practice.

(a) Except as provided in § 3-1205.02(a)(2A), an individual shall be licensed by the Board of Pharmacy before engaging in the practice of pharmaceutical detailing in the District of Columbia.

(b) A pharmaceutical detailer shall not:

(1) Engage in any deceptive or misleading marketing of a pharmaceutical product, including the knowing concealment, suppression, omission, misleading representation, or misstatement of any material fact;

(2) Use a title or designation that might lead a licensed health professional, or an employee or representative of a licensed health professional, to believe that the pharmaceutical detailer is licensed to practice medicine, nursing, dentistry, optometry, pharmacy, or other similar health occupation, in the District of Columbia, unless the pharmaceutical detailer currently holds such a license; or

(3) Attend patient examinations without the consent of the patient.

(Mar. 25, 1986, D.C. Law 6-99, § 741; as added Mar. 26, 2008, D.C. Law 17-131, § 102(g), 55 DCR 1659; Oct. 22, 2015, D.C. Law 21-36, § 5032(b), 62 DCR 10905.)

Effect of Amendments

The 2015 amendment by D.C. Law 21-36 added “Except as provided in § 3-1205.02(a)(2A)” in (a).

Emergency Legislation

For temporary (90 days) addition of this section, see § 5032(b) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Delegation of Authority

Delegation of Authority pursuant to D.C. Law 17-131, the SafeRX Amendment Act of 2008, see Mayor’s Order 2008-83, June 11, 2008 ( 55 DCR 9360).

Delegation of Authority pursuant to D.C. Law 17-131, the SafeRX Amendment Act of 2008, see Mayor’s Order 2008-94, July 3, 2008 ( 55 DCR 9375).

§ 3–1207.42. Qualifications for licensure.

In addition to the general qualifications for licensure set forth in this chapter, an individual applying for a license to practice pharmaceutical detailing shall:

(1) Establish, to the satisfaction of the Board of Pharmacy, that he or she is a graduate of a recognized institution of higher education;

(2) Pay the required licensure fee; and

(3) Submit to the Board of Pharmacy a notarized statement that he or she understands and agrees to abide by the requirements for the practice of pharmaceutical detailing, including the code of ethics, as established by the Board pursuant to § 3-1202.08 and in accordance with this subchapter.

§ 3–1207.43. Waiver of licensure requirements.

The Board of Pharmacy shall waive the educational requirements for an applicant for licensure as a pharmaceutical detailer who can demonstrate, to the satisfaction of the Board, that he or she has been performing the functions of a pharmaceutical detailer, as defined in this subchapter, on a full-time, or substantially full-time, basis for at least 12 months immediately preceding March 26, 2008.

§ 3–1207.44. Continuing education.

The Mayor shall establish by rule continuing-education requirements as a condition for renewal of the license to practice pharmaceutical detailing.

§ 3–1207.45. Penalties.

In addition to the penalties set forth in this chapter, a person who practices pharmaceutical detailing without a license, except as provided in § 3-1205.02(a)(2A), shall be subject to a fine of up to $10,000.