| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 22 MRSA §2699 is enacted to read: |
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| | | A manufacturer or labeler of prescription drugs dispensed in | | this State that employs, directs or utilizes marketing | | representatives in this State shall report marketing costs for | | prescription drugs in this State as provided in this section. |
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| | | 1.__Purposes.__Marketing costs for prescription drugs in | | this State must be reported to the department for the purposes | | of assisting this State in its role as a purchaser of | | prescription drugs and an administrator of prescription drug | | programs, enabling this State to determine the scope of | | prescription drug marketing costs and their effect on the | | cost, utilization and delivery of health care services and | | furthering the role of this State as guardian of the public | | interest. |
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| | | 2.__Definitions.__As used in this section, unless the | | context otherwise indicates, the following terms have the | | following meanings. |
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| | | A.__"Labeler" has the same meaning as provided in section | | 2697, subsection 1. |
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| | | B.__"Manufacturer" has the same meaning as provided in | | section 2697, subsection 1. |
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| | | C.__"Marketing" means advertising and promotional | | activities, including, but not limited to, the activities | | described in subsection 4. |
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| | | 3.__Manner of reporting.__By July 1st each year a | | manufacturer or labeler of prescription drugs that directly or | | indirectly distributes prescription drugs for dispensation to | | residents of this State shall file a report with the | | department in the form and manner provided by the department.__ | | The report must be accompanied by payment of a fee, as set by | | the department in rule, to support the work of the department | | under this section. |
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| | | 4.__Content of annual report by manufacturer or labeler.__ | | The annual report filed under subsection 3 must include the | | following information as it pertains to marketing activities | | conducted within this State in a form that provides the value, | | nature, purpose and recipient of the expense: |
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| | | A.__All expenses associated with advertising, marketing and | | direct promotion of prescription drugs through radio, |
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