| Advisory Opinion request of Heidi Belden, Medical Director of Tris Pharma, Inc., as to their employees' requirement to register as a lobbyist. |
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Tris Pharma, Inc. is a specialty pharmaceutical company with a focus on the development of pharmaceutical science and technology-based products. The company's medical science liaisons have limited interactions with the State of Louisiana by (1) providing testimony at Medicaid Pharmacy & Therapeutics (P&T) Commission meetings and (2) giving clinical presentations to P&T committee members upon their request. The medical science liaisons appear only as representatives of Tris Pharma, Inc. and do not make any expenditure in connection with their testimony or presentations.
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AO 2005-560: Board advised pharmaceutical employees that they were required to register as lobbyists within five days of making expenditures.
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"Lobbyist" means any person who acts in a representative capacity and makes an expenditure. La. R.S 49:72(7).
"Expenditure" means the gift or payment of money or anything of value for the purchase of food, drink, or refreshment for an executive branch official for the purpose of lobbying. La. R.S. 49:72(5).
"Lobbying" means any direct act or communication with an executive branch official, the purpose of which is to aid in influencing an executive branch action. La. R.S. 49:72(6).
Any action by the Medicaid Pharmaceutical and Therapeutics Committee shall be an "executive branch action" and, therefore, any pharmaceutical representative who engages in lobbying any member of the Medicaid Pharmaceutical and Therapeutics Committee for the purpose of inclusion of any product on the pharmacopeia or formulary shall be required to register as a lobbyist pursuant to the provisions of this Part. La. R.S. 49:72(2)(b).
Each lobbyist shall register within five days of making an expenditure. La. R.S. 49:74.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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