| | | Be it enacted by the People of the State of Maine as follows: |
|
| | | Sec. 1. 24 MRSA c. 21, sub-c. 11 is enacted to read: |
|
| | | ACCEPTANCE OF GIFTS OR OTHER INDUCEMENTS BY |
|
| | | HEALTH CARE PRACTITIONERS AND HEALTH CARE PROVIDERS |
|
| | | As used in this subchapter, unless the context otherwise | | indicates, the following terms have the following meanings. |
|
| | | 1.__Drug__distributor.__"Drug distributor" means a person | | that purchases prescription drugs from one or more drug | | manufacturers or that sells or distributes prescription drugs | | to a health care practitioner or health care provider or that | | purchases, sells or distributes prescription drugs to a person | | that purchases, sells or distributes prescription drugs.__ | | Manufacturing drugs or directly providing health care through | | the use of drugs does not render a person a drug distributor. |
|
| | | 2.__Drug manufacturer.__"Drug manufacturer" means a person | | engaged in the production of prescription drugs and includes a | | subsidiary or affiliate of a manufacturer. |
|
| | | 3.__Labeler.__"Labeler" means a person that receives | | prescription drugs from a manufacturer or wholesaler and | | repackages those drugs for later retail sale and that has a | | labeler code from the United States Department of Health and | | Human Services, Food and Drug Administration under 21 Code of | | Federal Regulations, 207.20 (2002). |
|
| | | 4.__Sales representative.__"Sales representative" means any | | person who represents a prescription drug manufacturer, drug | | distributor or labeler in marketing or promoting the | | prescription, purchase or sale of drugs. |
|
| | | §2992.__Interference in patient relationship prohibited |
|
| | | A drug manufacturer, drug distributor or labeler may not | | interfere or attempt to interfere in the relationship between | | a health care practitioner or health care provider and a | | patient. |
|
| | | 1.__Nonmonetary gifts and other inducements; exceptions.__ | | The offer of any nonmonetary gift or other nonmonetary | | inducement by a drug manufacturer or drug distributor to or | | for the benefit of a health care practitioner or health care | | provider that is intended to or reasonably may influence the | | prescription or |
|
|
