On January 1, 2022, S.B. 763 took effect in Oregon, requiring pharmaceutical sales representatives (PSRs) to obtain a license prior to marketing or promoting pharmaceutical products to health care providers. Oregon is not the first jurisdiction to enact such a law, but it is one of few jurisdictions in the United States to require licensure or registration of PSRs. This post discusses S.B. 763 and similar laws, regulations, and ordinances that are in effect in Nevada, Illinois, and Washington, D.C. below.
S.B. 763 covers PSRs that market or promote pharmaceutical products to health care providers. A “health care provider” is a person or entity licensed, certified, or otherwise authorized under Oregon law to prescribe, provide, or dispense pharmaceutical products. If a PSR visits health care providers in the state of Oregon for more than 15 days in a calendar year, the PSR is required to obtain a license from the Department of Consumer and Business Services (DCBS).
In order to obtain the license, an applicant must complete a professional education course that the Director of the DCBS specifies. The education course may include training in ethics, pharmacology, and pharmaceutical marketing laws and rules. Critically, DCBS specifies persons that are qualified to provide the professional education, and employers cannot provide the professional education. The applicant must also complete an application form, which includes their business and personal contact...
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