§2994.__Lack of influence not a defense

Lack of influence over or a failure to influence a health care practitioner's or health care provider's prescribing or dispensing practices is not a defense to a claim of attempted interference in the relationship between a health care practitioner or health care provider and a patient.

§2995.__Acts of sales representatives are acts of their employers

Any act prohibited by this subchapter that is committed by a sales representative employed by a drug manufacturer, drug distributor or labeler is deemed the act of that drug manufacturer, drug distributor or labeler for purposes of liability and determining penalties under this subchapter.

§2996.__Penalties

1.__Unfair trade practice.__A violation of this subchapter is also a violation of the Maine Unfair Trade Practices Act.

2.__Fines.__Each violation of this subchapter constitutes a separate civil violation for which a fine of not less than $1,000 may be adjudged.

3.__Enforcement action.__A person or class of persons may commence an action on behalf of the State for penalties under this section and is entitled to retain 10% of the fines assessed, plus reasonable costs and attorney's fees.

SUMMARY

This bill restricts the offer of gifts and other inducements by a drug manufacturer or drug distributor to a health care practitioner or health care provider.