Prescribed Products

Regulation of Sampling, Detailing and other Expenditures by Manufacturers of Drugs, Biologics and Medical Devices

This page covers:

  • Prescribed Product Gift Ban and Disclosure Law

  • Compliance
  • Attorney General’s Annual Reports
  • Enforcement Actions
  • Attorney General’s Special Report on the Disclosure of Samples of Prescribed Products
  • Marketer Price Disclosure Law

    Prescribed Product Gift Ban and Disclosure Law

    Compliance

    2/24/14 – Vermont’s Prescribed Product Gift Ban and Disclosure Law, 18 V.S.A. §§ 4631a, 4632, prohibits prescribed product manufacturers (manufacturers of drugs, biologics and medical devices) from giving most gifts to Vermont health care providers and requires manufacturers to report expenditures made to Vermont health care providers and institutions— including expenditures for samples and clinical trials. The law requires manufacturers having expenditures or samples to report for the prior year to register with the Attorney General’s Office by January 1, and to report the activity by April 1.

    Scroll down for information about how to comply with the law. In addition, we encourage all manufactures doing business in Vermont to sign up for the prescribed products listserve. This will allow us to readily contact you with updated compliance information.

    Updates

  • 02/21/2014 – Official Notice: Offer of Limited Penalty for Failure to Report
  • 01/22/2014 - 2013 Samples Form and Database Amended
  • 01/16/2014 - Final 2014 Guide Posted
  • 12/05/2013 - Memo to Draft 2014 Guide
  • 12/05/2013 - Draft 2014 Guide
  • 11/27/2013 - 2013 Forms and Databases; December 19, 2013 Conference Call on Draft 2014 Guide
  • 12/21/2012 - 2013 Guide Posted
  • 12/21/2012 - Common Errors in Compliance with Vermont’s Prescribed Product Gift Ban and Disclosure Law That may Result in Enforcement Action
    11/15/2012 - Draft 2013 Guide Conference Call Follow Up
  • 11/01/2012 - Memo re 2012 and 2013 Guidance, Forms and dfDatabases and Upcoming Conference Call
  • 11/01/2012 - Draft 2013 Guidance and Forms
  • 09/06/2012 - Official Notice: Limited Offer of Amnesty for Failure to Report
  • 06/07/2012 - Amended 2012 Guide to Vermont’s Prescribed Product Gift Ban and Disclosure Law
  • 04/25/2012 - Updates to 2012 Guide to Vermont’s Prescribed Product Gift Ban and Disclosure Law
  • 03/21/2012 - New Website for Finding Vermont HCP License Numbers

    Updates from Prior Years are available in the Document Archive.

    Prescribed Products ListServe

    Sign up if you would like email notification of updates like the above.

    Annual Requirements

    Compliance Officer Forms must be completed by January 1 of each year for the prior year (e.g., January 2015 for 2014). Manufacturers with any expenditures or samples to report for the prior year must also pay a registration fee of $500 by January 1.

    Compliance Officer Form

    To request the Vermont Attorney General's Tax ID Number or W-9 form, email AGO.PrescribedProducts@state.vt.us with "Tax ID" in the subject line.

    To make a payment, send a check made out to "State of Vermont," and mail to:

    Vermont Office of the Attorney General
    Public Protection Division
    109 State Street
    Montpelier, VT 05609-1001

    Refunds of registration fees will not be issued until 60 days after the reporting deadline. To request a refund, complete the refund form.

    Guidance and Disclosures

    2014 Disclosure (Expenditures and Samples: 1/1/14 - 12/31/14)

  • Disclosure Due Date: April 1, 2015
  • Guidance: Guide to Vermont's Prescribed Product Gift Ban and Disclosure Law for 2014 Disclosures - 01/16/2014
  • 2013 Disclosure (Expenditures and Samples: 1/1/13 - 12/31/13)

  • Disclosure Due Date: April 1, 2014
  • Expenditures Disclosure Form for 2013
  • Samples Disclosure Form for 2013
  • Click here to log in and submit samples and/or expenditures and/or to obtain a downloadable samples and/or expenditures database for later submission(s). The login credentials are obtained by filing the Compliance Officer Form as listed above.
  • Guidance: Guide to Vermont's Prescribed Product Gift Ban and Disclosure Law for 2013 Disclosures - 12/20/2012
  • Table of Entity-Recipients for 2013 Reporting Period
  • 2013 Table of Health Care Professionals with Active Vermont Licenses
  • 2012 Disclosure (Expenditures and Samples: 1/1/12 - 12/31/12)

  • Disclosure Due Date: April 1, 2013
  • Expenditures Disclosure Form for 2012
  • Samples Disclosure Form for 2012
  • Click here to log in and submit samples and/or expenditures and/or to obtain a downloadable samples and/or expenditures database for later submission(s). The login credentials are obtained by filing the Compliance Officer Form as listed above.
  • Amended Guidance: Amended 2012 Guide to Vermont’s Prescribed Product Gift Ban and Disclosure Law (posted 06/07/2012)
  • Guidance: Guide to Vermont's Prescribed Product Gift Ban and Disclosure Law for 2012 Disclosures (posted 12/22/2011)
  • Table of Entity-Recipients for 2012 Reporting Period

  • Previous Guides for Disclosures - available in >Document Archive.

    Text of Vermont Law

  • Prescribed Products Gift Ban and Disclosure Law effective May 27, 2010
  • Prescribed Products Gift Ban and Disclosure Law effective May 26, 2011
  • Prescribed Products Gift Ban and Disclosure Law Amendments effective July 1, 2012 (pp. 123-128)
  • Previous Law available in Document Archive.

    Attorney General’s Annual Reports

  • Prescribed Products Disclosures - Annual Reports, July 1, 2002 to present.
  • Public Data on which those reports are based.
  • Enforcement Actions

    The Office of the Vermont Attorney General administers and enforces the Prescribed Product Gift Ban and Disclosure Law. View settlement documents for enforcement cases brought since the fall of 2010.

    Attorney General’s Special Report on Disclosure of Samples of Prescribed Products

    2010 Report of the Vermont Attorney General on the Advisability of Requiring Disclosure of Free Samples Distributed by Manufacturers of Prescribed Products to Vermont Health Care Providers

  • Audio Files of Testimony
  • Written Submissions
  • Pharmaceutical Marketer Price Disclosure Law

    Vermont's Pharmaceutical Marketer Price Disclosure law, 18 V.S.A. § 4633, requires pharmaceutical marketers to provide doctors with comparative price information so that doctors can take cost into consideration when prescribing drugs within a therapeutic class. The Vermont Attorney General has issued a Guide on how to comply with the law, model forms (short form and long form), and Frequently Asked Questions.

    Updates

  • 09/26/2011 - Updated Model Forms Vermont’s Pharmaceutical Marketer Price Disclosure Law
  • 09/09/2011 - Updated Guidance on Complying with Vermont’s Pharmaceutical Marketer Price Disclosure Law – Gold Standard and AWP Reporting
  • 09/07/2011 - Updated Guidance on Complying with Vermont’s Pharmaceutical Marketer Price Disclosure Law - First Databank and AWP Reporting
  • Published: Aug 4, 2014