
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC360aaa-6]

 
                        TITLE 21--FOOD AND DRUGS
 
             CHAPTER 9--FEDERAL FOOD, DRUG, AND COSMETIC ACT
 
                     SUBCHAPTER V--DRUGS AND DEVICES
 
             Part D--Dissemination of Treatment Information
 
Sec. 360aaa-6. Rules of construction


(a) Unsolicited request

    Nothing in section 360aaa of this title shall be construed as 
prohibiting a manufacturer from disseminating information in response to 
an unsolicited request from a health care practitioner.

(b) Dissemination of information on drugs or devices not evidence of 
        intended use

    Notwithstanding subsection (a), (f), or (o) of section 352 of this 
title, or any other provision of law, the dissemination of information 
relating to a new use of a drug or device, in accordance with section 
360aaa of this title, shall not be construed by the Secretary as 
evidence of a new intended use of the drug or device that is different 
from the intended use of the drug or device set forth in the official 
labeling of the drug or device. Such dissemination shall not be 
considered by the Secretary as labeling, adulteration, or misbranding of 
the drug or device.

(c) Patent protection

    Nothing in section 360aaa of this title shall affect patent rights 
in any manner.

(d) Authorization for dissemination of articles and fees for reprints of 
        articles

    Nothing in section 360aaa of this title shall be construed as 
prohibiting an entity that publishes a scientific journal (as defined in 
section 360aaa-5(5) of this title) from requiring authorization from the 
entity to disseminate an article published by such entity or charging 
fees for the purchase of reprints of published articles from such 
entity.

(June 25, 1938, ch. 675, Sec. 557, as added Pub. L. 105-115, title IV, 
Sec. 401(a), Nov. 21, 1997, 111 Stat. 2363.)

                         Termination of Section

        For termination of section by section 401(e) of Pub. L. 105-115, 
    see Effective and Termination Dates note set out under section 
    360aaa of this title.
