D.__The cost of all advertising distributed in or originally distributed from this State regarding prescription drugs during the past year.__For the purposes of this paragraph, advertising includes radio, television, Internet, magazines, newspapers, direct mail, telephone communications and electronic mail; and

E.__For each of the 100 drugs of the manufacturer for which sales in this State were the highest in the prior year, the manufacturer's average wholesale price of the drugs, the lowest price for which the manufacturer sold those drugs in this State during the previous year and any discounts, rebates or other adjustments to cost that applied to sales of those drugs in the previous year.

2.__Prescription drug marketing.__The Bureau of Medical Services shall administer this section in order to assist the department in its duties as a purchaser of drugs and administrator of prescription drug programs.

A.__The bureau shall collect and manage the information required to be provided under subsection 1.

B.__With the exception of information protected from disclosure by law, rule or regulation, all information held by the bureau is a public record within the meaning of Title 1, chapter 13.

C.__By February 5th each year, the bureau shall report to the Legislature on prescription drug marketing practices and on the cost of prescription drug marketing activities.

3.__Required disclosures.__Persons making informational, educational or sales presentations subject to the requirements of subsection 1, paragraph A shall disclose in the presentation information regarding pharmaceutical assistance programs operated or participated in by the manufacturer and any potential benefit to the person to whom the presentation is made.

4.__Civil violations.__The following provisions apply to enforcement of this section by the Attorney General.

A.__A person who is employed to make informational, educational or sales presentations within this State on

behalf of a manufacturer who is not registered under subsection 1, paragraph A, or who violates the disclosure rules adopted pursuant to subsection 3, is subject to a civil penalty not to exceed $5,000 per violation, plus the costs of suit, including necessary and reasonable investigative costs, reasonable expert witness fees and reasonable attorney's fees, payable to the State.

B.__A manufacturer who violates this section or employs or causes a person to violate this section is subject to a civil penalty not to exceed $25,000 per violation, plus the costs of suit, including necessary and reasonable investigative costs, reasonable expert witness fees and reasonable attorney's fees, payable to the State.

5.__Application.__The requirements of this section apply to manufacturers, wholesalers and labelers of prescription drugs subject to the Maine Pharmacy Act.

6.__Rules.__The department shall adopt rules to implement this section.__Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.

SUMMARY

This bill requires prescription drug manufacturers, wholesalers and labelers to register persons employed by them to make informational, educational and sales presentations in this State. It requires the reporting of information about those activities. It requires reports of the average wholesale price of certain drugs, the lowest prices for which those drugs were sold and any rebates or discounts applicable to those drugs. It requires certain disclosures for persons making informational, educational and sales presentations. The bill charges the Bureau of Medical Services within the Department of Human Services with implementing the law and provides for public access to nonconfidential information and for an annual report. The bill makes a violation of the registration or the disclosure requirements a civil violation enforceable by the Attorney General. The bill authorizes the Department of Human Services to adopt rules as necessary to implement the law.