8305.1 A pharmaceutical detailer shall not 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.

8305.2 A pharmaceutical detailer shall not 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 any other similar health occupation, in the District of Columbia, unless the pharmaceutical detailer holds an active license to practice that health occupation.

8305.3 A pharmaceutical detailer shall not attend patient examinations without the express, written consent of the patient.

8305.4 A pharmaceutical detailer shall not willfully harass, intimidate, or coerce a licensed health professional, or an employee or representative of a licensed health professional through any form of communication, including through the sending of messages of disappointment for the failure to prescribe certain medications.

8305.5 For purposes of § 8305.4, the Board shall use a reasonable person standard to determine whether the conduct constitutes willful harassment, intimidation, or coercion.

8305.6 A pharmaceutical detailer shall not continue to make sales calls upon a health professional, or an employee or representative of a health professional after the health professional prescriber has requested in writing to the pharmaceutical detailer or the detailer's employer not to receive any further sales calls.

8305.7 A pharmaceutical detailer shall not offer a gift or remuneration of any kind to a member of a medication advisory committee; except that a pharmaceutical detailer may give medication samples to a member of a medication advisory committee that is also a licensed physician engaged in the practice of medicine.

8305.8 A pharmaceutical detailer shall not employ any inducement or misleading statements to gain access to a healthcare professional.

8305.9 A pharmaceutical detailer shall provide information to healthcare professionals that is accurate, fairly balanced, and consistent with FDA approved labeling.

8305.10 In addition to the regulations set forth under this section, any holder of a license under this chapter or any person authorized to practice pharmaceutical detailing functions under this chapter shall comply with the standards of ethical and professional conduct established by the Pharmaceutical Research and Manufacturers of America (PhRMA) in its publication entitled "PhRMA Code on Interactions With Healthcare Professionals" as it may be amended or republished from time to time. Where there is a conflict between this publication and the regulations set forth in this Chapter or the provisions of the Act, the regulations and/or Act shall control.

SOURCE: Final Rulemaking published at 55 DCR 9317 (August 29, 2008).