An Act Pertaining to Reporting of Prescription Drug Advertising Costs
Maine Legislature, Session 122, LD 1539
Committee: Health and Human Services
Sponsors: BRENNAN, FISCHER, BROMLEY, WESTON, BOWLES, CURLEY, MILLS
Amends: 22 MRSA §2698-A

Legislative Document 
No. 1539 
S.P.534 
In Senate, April 4, 2005 
An Act Pertaining to Reporting of Prescription Drug Advertising 
Costs 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Senator BRENNAN of Cumberland. 
Cosponsored by Representative FISCHER of Presque Isle and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: BROMLEY of Cumberland, WESTON of Waldo, Representatives: BOWLES of 
Sanford, CURLEY of Scarborough, MILLS of Farmington. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
I 
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 6QQ§ 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 6QQ§ l.O..Q.Q, 
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; 
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 thi s 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 
health care under this Title, the following information: 
(1) 
All 
expenses 
associated 
with 
educational 
informational 
programs, 
materials 
and 
seminars 
remuneration 
for 
promoting 
or 
participating 
educational or informational sessions, 
regardless 
whether 
the 
manufacturer 
or 
labeler 
provides 
educational or informational sessions or materials; 
or 
and 
in 
of 
the 
(2) 
All expenses associated with food, entertainment, 
gifts valued at more than $25 and anything provided to 
a health care professional for less than market value; 
(3) 
All expenses associated with trips and travel; and 
Page l-LR1703(l) 
(4) 
All 
expenses 
associated 
except for samples that will 
charge to patients; and 
with product 
be distributed 
samples, 
free of 
C. 
The aggregate cost of all employees or contractors of 
the 
manufacturer 
or 
labeler 
who 
directly or 
indirectly 
engage in the advertising or promotional activities listed 
in paragraphs A and B, including all forms of payment to 
those employees. 
The cost reported under this paragraph 
must reflect only that portion of payment to employees or 
contractors that pertains to activities within this State or 
to recipients of the advertising or promotional activities 
who are residents of or are employed in this State. 
6. 
Department reports. 
Beginning in aQQ~ lQQl, by November 
30th each year, the department shall provide an annual report, 
providing information in aggregate form, 
on prescription drug 
marketing expenses to the Legislature and the Attorney General. 
By January 1, aQQ1 2008 and every 2 years after that date, the 
department shall provide a 
report to the Legislature and the 
Attorney 
General, 
providing 
information 
in 
aggregate 
form, 
containing an analysis of the data submitted to the department, 
including the scope of prescription drug marketing activities and 
expenses and their effect on the cost, utilization and delivery 
of health care services and any recommendations with regard to 
marketing 
activities 
of 
prescription 
drug 
manufacturers 
and 
labelers. 
Sec. 2. 22 MRSA §2698-A, sub-§7, as reallocated by RR 2003, c. 
1, §17 and affected by §18, is amended to read: 
7. 
Confidentiality; 
public information. 
Notwithstanding 
any provision of law to the contrary, information submitted to 
the department pursuant to this section is confidential and is 
not 
a 
public 
record 
as 
defined 
in Title 
1, 
section 
402, 
subsection 3. 
Disclosure may be made by the department to an 
entity providing services to the department under this section: 
however, that disclosure does not change the confidential status 
of the information. 
Data compiled in aggregate 
form by the 
department for the purposes of reporting required by this section 
is a public record as defined in Title 1, section 402, subsection 
3, 
as long as it does not reveal trade information that is 
protected by state or federal law. 
SUMMARY 
This bill delays implementation of the deadline for filing 
reports 
regarding 
marketing 
activities 
by 
pharmaceutical 
manufacturers. 
The bill also clarifies that the Department of Health and 
Human Services may disclose that information to 
provides services to the department under the 
those reports, but specifies that such disclosure 
the confidential status of the information. 
an entity that 
laws 
requiring 
does not change