CHAPTER 379
H.P. 376 - L.D. 478
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §2682 is enacted to read:
§2682. Display of Maine Rx program participation information
A drug dispensed pursuant to prescription, including a drug dispensed without charge to the consumer, must carry program participation information prominently displayed on the label or on the packaging in a manner approved by the commissioner.
1. Exceptions. The requirements of this section do not apply to:
A. A drug dispensed to a consumer who has health coverage that pays part or all of the retail cost of the drug;
B. A generic drug; or
C. A drug of a manufacturer or labeler that has entered into an agreement with the department pursuant to section 2681, subsection 3.
2. Rulemaking. The commissioner shall adopt rules to implement this section. Rules adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 375, subchapter II-A.
3. Program participation information. The rules must provide for the disclosure of program participation information, including, but not limited to, the following:
A. Notification that the manufacturer or labeler has not entered into an agreement with the Department of Human Services pursuant to section 2681, subsection 3;
B. A warning that the consumer may be paying more for the drug than is paid in other countries, particularly Canada; and
C. Advice to consult a health care provider or pharmacist about access to drugs at lower prices.
4. Separate writing. The requirements of this section may be met by the distribution of a separate writing that is approved by or produced and distributed by the department.
5. Waivers. The rules must provide for waivers to the requirements of this section, particularly when the manufacturer or labeler is negotiating with the commissioner pursuant to section 2681, subsection 3.
Effective September 21, 2001, unless otherwise indicated.
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