An Act To Prohibit Unethical Drug Marketing Practices
Maine Legislature, Session 121, LD 1256
Committee: Business, Research and Economic Development
Sponsors: FAIRCLOTH, BRENNAN, DUDLEY, MILLS, O'NEIL, PINGREE, RICHARDSON, SIMPSON, MAYO

Legislative Document 
No. 1256 
H.P.930 
House of Representatives, March 6, 2003 
An Act To Prohibit Unethical Drug Marketing Practices 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Representative FAIRCLOTH of Bangor. 
Cosponsored by Senator BRENNAN of Cumberland and 
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MILLICENT M. MacFARLAND 
Clerk 
Representatives: DUDLEY of Portland, McNEIL of Rockland, MILLS of Cornville, O'NEIL 
of Saco, PINGREE of North Haven, RICHARDSON of Brunswick, SIMPSON of Auburn, 
Senator: MAYO of Sagadahoc. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 24 MRSA c. 21, sub-c. 11 is enacted to read: 
SUBCHAPTER 11 
ACCEPTANCE OF' GIFTS OR OTHER INDUCEMENTS BY 
HEALTH CARE PRACTITIONERS AND HEALTH CARE PROVIDERS 
§299l. 
Definitions 
As 
used in this subchapter. unless the context otherwise 
indicates. the following terms have the following meanings. 
1. 
Drug 
distributor. 
"Drug distributor" means a person 
that 
purchases 
prescription 
drugs 
from 
one 
or 
more 
drug 
manufacturers or that sells or distributes prescription drugs to 
a 
health care practitioner or health care provider or that 
purchases, sells or distributes prescription drugs to a person 
that 
purchases. 
sells 
or 
distributes 
prescription 
drugs. 
Manufacturing drugs or directly providing health care through the 
use of drugs does not render a person a drug distributor. 
2. 
Drug manufacturer. 
"Drug manufacturer" means a person 
engaged in the production of prescription drugs and includes a 
subsidiary or affiliate of a manufacturer. 
3. 
Labeler. 
"Labeler" 
means 
a 
person 
that 
receives 
prescription 
drugs 
from 
a 
manufacturer 
or 
wholesaler 
and 
repackages those drugs for later retail sale and that has 
a 
labeler code from the United States Department of Heal th and 
Human Services. Food and Drug Administration under 21 Code of 
Federal Regulations, 207.20 (2002). 
4. 
Sales representative. 
"Sales representative" means any 
person who 
represents 
a 
prescription drug manufacturer, 
drug 
distributor 
or 
labeler 
in 
marketing 
or 
promoting 
the 
prescription. purchase or sale of drugs. 
§2992. 
Interference in patient relationship prohibited 
A drug manufacturer. drug distributor or labeler may not 
interfere or attempt to interfere in the relationship between a 
health care practitioner or health care provider and a patient. 
1. 
BODl1lQnetary gifts and other inducements: 
exceptions. 
The offer of any nonmonetary gift or other nonmonetary inducement 
by a drug manufacturer or drug distributor to or for the benefit 
of a health care practitioner or health care provider that is 
intended to or reasonably may 
influence the prescription or 
Page l-LR1796(1) 
.. 
dispensing practices of that health care practitioner or health 
care 
provider 
constitutes 
an 
attempt 
to 
interfere 
in 
the 
relationship between that health care practitioner or health care 
provider and its patients. 
This subsection does not apply to a 
gift: 
A. 
Of not more than $100 in market value if it is related 
to the health care practitioner I s or health care provider I s 
work or primarily entails a benefit to patients; 
B. 
Supporting medical 
research or 
education, 
including 
textbooks, meals of not more than $50 in value and other 
gifts if they serve a genuine educational function; 
C. 
Providing scientific and educational information; 
D. 
In exchange for consul ting services by the heal th care 
practitioner or health care provider of approximately equal 
value; or 
E. 
Consisting 
of 
drug 
samples 
intended 
for 
free 
distribution to consumers or for personal use. 
2. 
Gift of money; exceptions. 
The offer of any gift of 
money by a drug manufacturer or drug distributor to or for the 
benefit of a health care practitioner or health care provider 
that is intended to or reasonably may influence the prescription 
or dispensing practices of that health care practitioner or 
health care provider constitutes an attempt to interfere in the 
relationship between the health care practitioner or health care 
provider and a patient. 
This subsection does not apply to: 
A. 
A subsidy to attend a 
continuing medical education 
program or other scientific, educational or professional 
meeting 
if 
the 
program 
or 
meeting 
is 
not 
conducted, 
sponsored or underwritten by the person making the subsidy; 
B. 
Money given in exchange 
for 
consulting services of 
approximately equal value; or 
C. 
A scholarship or educational funds for attendance at an 
event or institution if the recipient of the scholarship or 
funds is selected by the event or institution. 
§2993. 
Attempts to interfere 
The promotion to a health care practitioner or health care 
provider by a 
drug manufacturer, drug distributor or labeler, 
directly 
or 
indirectly 
through 
the 
subsidy, 
sponsorship 
or 
underwriting of speakers or programs, of any drug for a use not 
approved by the United States Department of Health and Human 
Services, Food and Drug Administration constitutes an attempt to 
interfere 
in 
the 
relationship 
between 
that 
health 
care 
practitioner or health care provider and a patient. 
§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. 
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