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Prescription Drug Marketing Costs - Access Rx

Chapter 18 [PDF] of Title 22 of the District of Columbia Municipal Regulations (DCMR), entitled “Prescription Drug Marketing Costs” requires manufacturers and labelers of prescription drugs dispensed in the District who engage in marketing in the District of Columbia (“District”) to report to the Department of Health (“Department”) their costs for pharmaceutical drug marketing in the District. Those regulations are consistent with Title III of the AccessRx Act of 2004 [PDF]. Each manufacturer or labeler is required to report their prescription drug marketing costs in an annual report filed with the Department on or before July 1 of each year.

The annual report is to be accompanied by a filing fee in the amount of five thousand dollars ($5,000). This fee is an annual fee that is to be paid by each manufacturer or labeler who files the required annual report. The filing fee is payable exclusively by check, and checks are to be made payable to the DC Treasurer.

AGGREGATE COSTS WORKSHEET: Each manufacturer or labeler must use the “Aggregate Costs” worksheet to calculate the aggregate costs of all forms of payment to its employees and contractors who engage in advertising and promotional activities in the District. The use of this worksheet is required for purposes of ensuring uniformity in the calculation of these costs among those required to report. Although you are required to utilize the “Aggregate Cost” sheet to perform your calculations, you are not required to submit the worksheet itself. You may elect instead to only submit the totals based on your calculations using the “Aggregate Cost” worksheet. The other three worksheets must be submitted. In addition, print out the “Company Information” sheet only, provide wet signature certification, and mail it to the Department.

Please note that in the Advertising Expenses worksheet, lists of accepted values have been added for the Type of Activity and Medium Type columns, and an “Other Type” column has been added after each of these columns so that activity types or medium types not matching with one of the accepted options can be described. As a result, the lettering of columns differs from previous years’ Excel files. Please use the accepted values to specify the Type of Activity and Medium Type for each expense in the Advertising Expenses worksheet. Accepted values are as follows:

Advertising – Type of Activity: Direct-to-Consumer Advertisement Production, Direct-to-Consumer Advertisement Placement, Other Advertisement Production, Other Advertisement Placement, Market Research, Other Promotional Activity.

Advertising – Medium Type: Conference or Other Event, Direct Mail, Internet/Email, Medical Journal, Newspaper/Magazine, Patient Materials, Radio, TV/Video, Other Printed Material, Other.

Companies that have filed reports in past years should use the excel file published below as changes and updates are made to the worksheet each year.

The Company Information, Gift Expenses, Advertising Expenses, and Aggregate Cost sheets should be filled out completely according to the instructions and submitted electronically to dc.accessrx@dc.gov. In addition, the Company Information sheet should be printed and sent to the Department along with a $5,000 filing fee check made payable to DC Treasurer.

Contact Phone: 
(877) 672-2174
Contact Fax: 
(202) 727-8471
Contact TTY: 
Office Hours: 
Monday to Friday 8:30 am to 3:30 pm
Service Location: 

Health, Department of

GIS Address: 
899 North Capitol Street, NE