(1) For purposes of this section:
(a) "Academic detailing":
(i) means a health care provider who is licensed under this title to prescribe or dispense a prescription drug and employed by someone other than a pharmaceutical manufacturer:
(A) for the purpose of countering information provided in commercial detailing; and
(B) to disseminate educational information about prescription drugs to other health care providers in an effort to better align clinical practice with scientific research; and
(ii) does not include a health care provider who:
(A) is disseminating educational information about a prescription drug as part of teaching or supervising students or graduate medical education students at an institution of higher education or through a medical residency program;
(B) is disseminating educational information about a prescription drug to a patient or a patient's representative; or
(C) is acting within the scope of practice for the health care provider regarding the prescribing or dispensing of a prescription drug.
(b) "Commercial detailing" means an educational practice employed by a pharmaceutical manufacturer in which clinical information and evidence about a prescription drug is shared with health care professionals.
(c) "Manufacture" means the same as that term is defined in Section 58-37-101.
(d) "Pharmaceutical manufacturer" is a person who manufactures a prescription drug.
(2)
(a) Except as provided in Subsection (3), the provisions of this section apply to an academic detailer beginning July 1, 2013.
(b) An academic detailer and a commercial detailer who educate another health care provider about prescription drugs through written or oral educational material is subject to federal regulations regarding:
(i) false and misleading advertising in 21 C.F.R., Part 201 (2007);
(ii) prescription drug advertising in 21 C.F.R., Part 202 (2007); and
(iii) the federal Office of the Inspector General's Compliance Program Guidance for Pharmaceutical Manufacturers issued in April 2003, as amended.
(c) A person who is injured by a violation of this section has a private right of action against a person engaged in academic detailing, if:
(i) the actions of the person engaged in academic detailing, that are a violation of this section, are:
(A) the result of gross negligence by the person; or
(B) willful and wanton behavior by the person; and
(ii) the damages to the person are reasonable, foreseeable, and proximately caused by the violations of this section.
(3)
(a) For purposes of this Subsection, "accident and health insurance":
(i) means the same as that term is defined in Section 31A-1-301; and
(ii) includes a self-funded health benefit plan and an administrator for a self-funded health benefit plan.
(b) This section does not apply to a person who engages in academic detailing if that person is engaged in academic detailing on behalf of:
(i) a person who provides accident and health insurance, including when the person who provides accident and health insurance contracts with or offers:
(A) the state Medicaid program, including the Primary Care Network within the state's Medicaid program;
(B) the Children's Health Insurance Program created in Section 26B-3-902;
(C) a Medicare plan; or
(D) a Medicare supplement plan;
(ii) a hospital as defined in Section 26B-2-201;
(iii) any class of pharmacy as defined in Section 58-17b-102, including any affiliated pharmacies;
(iv) an integrated health system as defined in Section 13-5b-102; or
(v) a medical clinic.
(c) This section does not apply to communicating or disseminating information about a prescription drug for the purpose of conducting research using prescription drugs at a health care facility as defined in Section 26B-2-201, or a medical clinic.