An Act To Improve Accountability of Opioid Manufacturers
Sec. 1. 5 MRSA c. 525 is enacted to read:
OPIOID CRISIS ACCOUNTABILITY ACT
§ 20101. Short title
This chapter may be known and cited as "the Opioid Crisis Accountability Act."
§ 20102. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
§ 20103. Illegal marketing or distribution of opioid medication prohibited
(1) Does not have abuse liability; or
(2) Has a lower abuse liability than another opioid medication;
§ 20104. Reporting required
An opioid medication manufacturer or distributor shall report to the commissioner an order or pattern of orders for the distribution of opioid medication in this State that is not medically reasonable.
§ 20105. Medically reasonable standard
The department shall establish by rule the medically reasonable standard applicable to section 20103, subsection 1, paragraphs B and C. In adopting the standard, the department shall consult data from the automated reports and consolidated ordering system of the United States Department of Justice.
§ 20106. Investigation
The Attorney General, upon the Attorney General's own initiative or upon petition of the commissioner or of 50 or more residents of the State, shall investigate suspected violations of this chapter.
§ 20107. Violations
§ 20108. Fund
§ 20109. Rules
The department may adopt rules necessary to implement this chapter. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
§ 20110. Retroactivity
This Act applies retroactively to January 1, 1985.
This bill prohibits opioid medication manufacturers and distributors from falsely advertising that an opioid medication does not have abuse liability or has a lower abuse liability than another opioid medication; distributing a quantity of opioid medications that is not medically reasonable; or failing to report orders that are not medically reasonable. It establishes a civil violation and authorizes the Attorney General to investigate violations. It creates a fund into which the penalties and fees must be paid. This legislation applies retroactively to January 1, 1985.