An Act To Regulate Pharmaceutical Detailers
Maine Legislature, Session 122, LD 0225
Committee: Business, Research and Economic Development
Sponsors: MAYO, PINGREE, BRENNAN, ROSEN, GROSE, LEWIN, WALCOTT, WEBSTER
Amends: 32 MRSA §13702, 32 MRSA §13721, 32 MRSA §13723

Legislative Document 
No. 225 
S.P.78 
In Senate, January 18,2005 
An Act To Regulate Pharmaceutical Detailers 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Senator MAYO of Sagadahoc. 
Cosponsored by Representative PINGREE of North Haven and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: BRENNAN of Cumberland, ROSEN of Hancock, Representatives: GROSE of 
Woolwich, LEWIN of Eliot, WALCOTT of Lewiston, WEBSTER of Freeport. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 32 MRSA §13702, sub-§17-A is enacted to read: 
17-A. 
PhaI1llaceutical detailer. 
"Pharmaceutical detailer" 
means a person who acts in an educational role on behalf of a 
manufacturer 
or 
labeler 
regarding 
the 
pharmaceutical 
drugs, 
supplies 
or other products 
of 
that manufacturer 
or 
labeler. 
"Pharmaceutical detailer" 
does 
not include 
a 
lobbyist for 
a 
manufacturer or labeler registered pursuant to Title 3, section 
~ 
Sec. 2. 32 MRSA §13721. sub-§l. ~G. as enacted by PL 1987, c. 
710, §5, is amended to read: 
G. 
The rules of the training, qualification and employment 
of pharmacy interns and pharmacy students; aRe 
Sec. 3. 32 MRSA §13721. sub-§I. ~H. as amended by PL 1997, c. 
245, §7, is further amended to read: 
H. 
The registration of pharmacy technicians and adoption of 
rules governing the training, qualification and employment 
of pharmacy techniciansT; and 
Sec. 4. 32 MRSA §13721, sub-§l, ~ is enacted to read: 
I. 
The 
registration 
of 
pharmaceutical 
detailers 
anq 
adoption of rules governing the registration, g:ualification 
and continuing education of pharmaceutical detailers. 
Rules 
adopted pursuant to this section are routine technical rules 
as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 5. 32 MRSA §13723. sub-§5. ~H. as amended by PL 1997, c. 
245, §9, is further amended to read: 
H. 
The certification of an approved provider of continuing 
education courses, which fee may not exceed $100 per year, 
provided that a provider approved by the American Council of 
Pharmaceutical Education is exempt from the fee established 
in th}s paragraph; aRe 
Sec. 6. 32 MRSA §13723, sub-§5.~. as enacted by PL 1997, c. 
245, §10, is amended to read: 
I. 
The issuance of 
a certificate of registration for 
a 
pharmacy technician, which fee may not exceed $25T~ 
Sec. 7. 32 MRS A §13723, sub-§5, ~J is enacted to read: 
Page l-LR0401(1) 
J. 
The issuance of an or iginal or renewal certificate of 
registration for a pharmaceutical detailer, which fee may 
not exceed $50. 
Sec. 8. 32 MRSA c.1l7. sub-c. 13 is enacted to read: 
SUBCHAPTER 13 
REGISTRATION OF PHARMACEUTICAL DETAILERS 
§1383l. Registration 
1. Registration required. 
A pharmaceutical detailer shall 
reaister with the board beginning October 1, 2005 and annually 
thereafter in accordance with rules adopted by the board. 
2. Conditions of registration. 
The board shall establish by 
rule 
the 
criteria that 
a 
person 
must 
meet 
to 
gualify 
for 
registration as 
a 
pharmaceutical detailer. 
At 
a 
minimum, 
the 
board shall 
reguire that 
a 
person seeking 
such registration 
present satisfactory evidence that: 
A. 
The person is a graduate of a recognized institution of 
higher 
education with 
at 
least 
a 
bachelor's 
degree 
in 
pharmacy 
or 
a 
chemical, 
physical 
or biological science, 
except that a person who 
has engaged in activities as 
a 
pharmaceutical detailer prior to October 1, 2005 is exempt 
from the requirements of this paragraph: 
8. 
The 
person is currently employed by 
a 
pharmaceutical 
manufacturer or labeler; and 
C. The person has completed at least 10 hours of continuing 
professional education in an accredited program or a program 
approved 
under 
section 
13832, 
subsection 
during 
the 
previous calendar year. 
§13832. Application 
1. 
Procedures. 
The 
board 
shall 
specify 
by 
rule 
the 
registration 
procedures 
to 
be 
followed, 
including, 
but 
not 
limited to, 
specification of 
forms 
for 
use 
in applying 
for 
certificates of registration and the times, places and fees for 
filing an application, as long as the annual fee for an original 
or renewal certificate does not exceed $50. 
2. 
Tran~ferability. A certificate of registration issued by 
the board is not transferable or assignable. 
3. Professional continuing education. The board may approve, 
as continuing education, activities such as lectures, seminars_t 
workshops, formal classes, in-service programs and correspondence 
courses. 
S13833. Violations and penalties 
1. Violations. After October 1, 2005, a person may not act 
as a pharmaceutical detailer until a certificate of registration 
has been issued by the board. Upon the finding of a violation 
under this subsection, the board may impose one or more of the 
penalties enumerated in sections 13731 and 13743 in accordance 
with the provisions of those sections. 
2. 
Reinstatement. 
Reinstatement 
of 
a 
certificate 
of 
registration that ha~en suspended, revoked or restricted by 
the 
board 
may 
be 
granted in accordance with the 
procedures 
specified in section 13743, subsection 2. 
SUMMARY 
This bill requires the annual registration of pharmaceutical 
detailers with the Maine Board of Pharmacy beginning October 1, 
2005. 
A pharmaceutical detailer is 
a 
person who 
acts 
1n 
an 
educational role on behalf of a pharmaceutical manufacturer or 
labeler regarding its drugs, supplies and other products, but a 
pharmaceutical detailer is not registered as a lobbyist for a 
pharmaceutical 
manufacturer 
or 
labeler. 
The 
bill 
imposes 
a 
registration fee not to exceed $50. 
The bill also authorizes the 
board to adopt rules regarding the registration of pharmaceutical 
detailers.