CHAPTER 286

S.P. 534 - L.D. 1539

An Act Pertaining to Reporting of Prescription Drug

Advertising Costs

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 22 MRSA §2698-A, sub-§§3, 4 and 6, as amended by PL 2003, c. 688, Pt. C, §8, are further amended to read:

3. Manner of reporting. Beginning in 2006 2007, 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 a report with the department in the form and manner provided by the department. The report must be accompanied by payment of a fee, as set by the department in rule, to support the work of the department under this section.

4. Content of annual report by manufacturer or labeler. The annual report filed under subsection 3 must include the following information for each calendar year, beginning with calendar year 2005 2006, as it pertains to marketing activities conducted within this State in a form that provides the value, nature, purpose and recipient of the expense:

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, except for expenses associated with advertising purchased for a regional or national market that includes advertising within the State;