An Act To Increase Consumer Awareness of Prescription Drug Pricing (AFTER DEADLINE)
Maine Legislature, Session 122, LD 1987
Committee: Business, Research and Economic Development
Sponsors: MAKAS, MAYO, CAMPBELL, CANAVAN, DAVIS, GROSE, MILLER, PINGREE, WALCOTT, MARTIN
Amends: 32 MRSA §13783-A

Legislative Document 
No. 1987 
H.P. l392 
House of Representatives, January 31, 2006 
An Act To Increase Consumer Awareness of Prescription Drug 
Pricing 
(AFTER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Representative MAKAS of Lewiston. 
Cosponsored by Senator MAYO of Sagadahoc and 
'7J1~ 1?7.11!t1£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CAMPBELL of Newfield, CANAVAN of Waterville, DAVIS of Falmouth, 
GROSE of Woolwich, MILLER of Somerville, PINGREE of North Haven, WALCOTT of 
Lewiston, Senator: MARTIN of Aroostook. 
Printed on recyc led ra~r 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 32 MRSA §13783-A is enacted to read: 
§13783-A. Prescription drug price reporting and posting 
1. 
Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. 
"Chain pharmacy" means a pharmacy licensed in this State that is part of a 
corporate grouping with 4 or more pharmacies. 
B. 
"Director" means the director of the Governor's Office of Health Policy and 
Finance or the director of a successor agency. 
C. "Popular drug list" means the 20 most-distributed prescription drugs in this State 
as determined by the director pursuant to subsection 3. 
2. 
Price list. Each licensed chain pharmacy shall maintain on its premises in a 
conspicuous place a list of the drugs on the popular drug list, the retail prices charged for 
those drugs by that chain pharmacy and, if there are generie equivalents to those drugs 
that are sold by that chain pharmacy, the names of the generic equivalents and the retail 
prices charged for those generic equivalents by the chain pharmacy. 
3. Duties of director. The following are the duties of the director. 
A. The director shall determine which drugs appear on the popular drug list. The 
director may determine this list by any reliable means using any reliable source, 
including, but not limited to, the department, the Department of Health and Human 
Services, the board and the Prescription Drug Advisory Commission. 
B. The director, on at least a semiannual basis, shall notify each chain pharmacy 
licensed in this State of the prescription drugs on the popular drug list. 
C. 
The director shall receive and compile the information provided by chain 
pharmacies pursuant to subsection 4. 
D. The director shall post on a publicly accessible website the following information: 
(1) The names of the drugs on the popular drug list; 
(2) The names of the chain pharmacies; 
(3) The retail prices reported by each chain pharmacy for each of the drugs on 
the popular drug list; and 
(4) If there is a generic equivalent to a prescription drug on the popular drug list 
that is sold by a chain pharmacy, the name of the generic equivalent and the retail 
price reported by that chain pharmacy for that generic equivalent. 
The director may allow each chain pharmacy to include a brief statement explaining 
the prices charged by that chain pharmacy. 
4. Report. On a monthly basis, each chain pharmacy shall report to the director the 
retail prices charged by the chain pharmacy for the drugs on the popular drug list and, if 
there is a generic equivalent sold by the chain pharmacy, the name of that generic 
Page I - 122LR3066(1)-1 
I 
equivalent and the retail price charged by the chain pharmacy for that generic equivalent. 
The report must include the name, strength and quantity of each drug. 
5. 
Rules. The director shall adopt rules to implement the requirements of this 
section. Rules adopted pursuant to this subsection are major substantive rules as defined 
in Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
This bill requires the director of the Governor's Office of Health Policy and Finance 
to compile a list of the 20 most-distributed prescription drugs in this State. The director 
is required to notify at least semiannually each chain pharmacy licensed in this State of 
the listed drugs. Each chain pharmacy, which is defined as a pharmacy that is part of a 
corporate grouping with 4 or more pharmacies, is required to report monthly to the 
director the retail price charged for each of the drugs on the list as well as the retail price 
charged for a generic equivalent of a drug on the list. Each chain pharmacy is required to 
post the list in its store along with the prices charged by that chain pharmacy for the drugs 
on the list and any generic equivalents to those drugs. The director is required to post on 
a publicly accessible website the list, the names of the chain pharmacies reporting, the 
prices charged by each chain pharmacy for the listed drugs and the names and prices 
charged by each chain pharmacy of any generic equivalents to those drugs on the list.