Sec. 1. 22 MRSA §2699 is enacted to read:

§2699.__Advertising and promotional expenses

A manufacturer or labeler of prescription drugs dispensed in this State that employs, directs or utilizes marketing representatives in this State shall report the costs of advertising and promotional expenses for prescription drugs in this State as provided in this section. For the purposes of this section, "manufacturer" and "labeler" have the same meanings as provided in section 2697, subsection 1.

1.__Purposes.__Advertising and promotional expenses for prescription drugs in this State must be reported to the Maine Health Data Organization, established in chapter 1683, 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 advertising and promotional expenses 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.

2.__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 an annual report with the Maine Health Data Organization in the form and manner provided by the organization.__The report must be accompanied by payment of a fee, as set by the organization in rule, to support the work of the organization under this section.

3.__Content of annual report by manufacturer or labeler.__ The annual report filed under subsection 2 must include the following information as it pertains to advertising and promotional activities conducted within this State:

A.__All expenses associated with advertising, marketing and direct promotion of prescription drugs through radio, television, magazines, newspapers, direct mail and telephone communications as they pertain to residents of this State;

B.__With regard to all persons and entities licensed to provide health care in this State, including health care professionals and persons employed by them in this State, carriers licensed under Title 24 or Title 24-A, health plans and benefits managers, pharmacies, hospitals, nursing facilities, clinics and other entities licensed to provide