2015 Connecticut General Statutes
Title 21a - Consumer Protection
Chapter 417 - General Provisions. Pure Food and Drugs
Section 21a-70f - Report of payment or transfer of value by manufacturer to advanced practice registered nurse who is practicing not in collaboration with a physician. Penalty.

(a) For purposes of this section:

(1) “Advanced practice registered nurse” means a person licensed pursuant to chapter 378;

(2) “Applicable manufacturer” means a manufacturer of a covered drug, device, biological, or medical supply that is operating in the United States, or in a territory, possession, or commonwealth of the United States;

(3) “Payment or other transfer of value” means a transfer of anything of value, except (A) a transfer of anything of value that is made indirectly to an advanced practice registered nurse through a third party in connection with an activity or service in the case where the applicable manufacturer is unaware of the identity of the advanced practice registered nurse, or (B) a transfer of anything of value that meets the requirements for exclusion under 42 USC 1320a-7h(e)(10), as amended from time to time;

(4) “Covered drug, device, biological, or medical supply” means any drug, biological product, device, or medical supply for which payment is available under subchapter XVIII of chapter 7 of Title 42 of the United States Code or the state Medicaid plan under subchapter XIX or XXI of said chapter or a waiver of such a plan; and

(5) “Covered device” means any device for which payment is available under subchapter XVIII of chapter 7 of Title 42 of the United States Code or the state Medicaid plan under subchapter XIX or XXI of said chapter or a waiver of such a plan.

(b) (1) Not later than July 1, 2017, and annually thereafter, an applicable manufacturer that provides a payment or other transfer of value to an advanced practice registered nurse, who is practicing not in collaboration with a physician in the state, in accordance with subsection (b) of section 20-87a, shall submit to the Commissioner of Consumer Protection, in the form and manner prescribed by the commissioner, the information described in 42 USC 1320a-7h, as amended from time to time, for the preceding calendar year.

(2) In determining whether an applicable manufacturer is required to submit information concerning a payment or other transfer of value to an advanced practice registered nurse in accordance with the provisions of this subsection, the applicable manufacturer shall refer to the list of advanced practice registered nurses who are authorized to practice not in collaboration with a physician published by the Commissioner of Public Health on the Department of Public Health’s Internet web site in accordance with subsection (b) of section 20-87a.

(3) The commissioner may publish such information on the Department of Consumer Protection’s Internet web site.

(c) An applicable manufacturer that fails to report in accordance with this section shall be assessed a civil penalty in an amount not less than one thousand dollars or more than four thousand dollars for each payment or other transfer of value not reported.

(P.A. 14-12, S. 5; 14-217, S. 75; P.A. 15-4, S. 1.)

History: P.A. 14-217 amended Subsec. (b)(1) by replacing “January 1, 2015” with “July 1, 2015” and replacing “Commissioner of Public Health” with “Commissioner of Consumer Protection”, and made technical and conforming changes; P.A. 15-4 amended Subsec. (a)(3) by designating existing provision re exception for transfer made indirectly as Subpara. (A) and adding Subpara. (B) re exception for transfer that meets requirements for exclusion under 42 USC 1320a-7h(e)(10), and amended Subsec. (b) by replacing “2015” with “2017”, replacing “quarterly” with “annually” and adding references to practice not in collaboration with a physician and “, for the preceding calendar year” in Subdiv. (1), adding new Subdiv. (2) re manufacturer to refer to list published by Commissioner of Public Health and redesignating existing Subdiv. (2) re publishing information on department’s Internet web site as Subdiv. (3), effective May 11, 2015.