An Act To Conform Maine's Prescription Drug Privacy Laws with the United States Constitution
Maine Legislature, Session 125, LD 1679
Committee: Health and Human Services
Sponsors: McCORMICK
Amends: 22 MRSA §1711-E, 22 MRSA §8704, 22 MRSA §8713

Legislative Document 
No. 1679 
S.P. 578 
In Senate, December 21, 2011 
An Act To Conform Maine's Prescription Drug Privacy Laws with 
the United States Constitution 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Secretary of the Senate on December 19, 2011.  Referred to the Committee 
on Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 218. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator McCORMICK of Kennebec. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §1711-E, sub-§1-A, as enacted by PL 2007, c. 460, §1, is 
repealed. 
Sec. 2.  22 MRSA §1711-E, sub-§1-B, as amended by PL 2011, c. 461, §1, is 
repealed. 
Sec. 3.  22 MRSA §1711-E, sub-§2, as amended by PL 2007, c. 460, §1, is 
further amended to read: 
2.  Confidentiality of prescription drug information that identifies the 
individual.  A carrier or prescription drug information intermediary may not license, use, 
sell, transfer or exchange for value, for any marketing purpose, prescription drug 
information that identifies directly or indirectly the individual who is prescribed the 
prescription drug. 
Sec. 4.  22 MRSA §1711-E, sub-§2-A, as enacted by PL 2007, c. 460, §1, is 
repealed. 
Sec. 5.  22 MRSA §1711-E, sub-§3, as amended by PL 2007, c. 460, §1, is 
further amended to read: 
3.  Enforcement.  A violation of subsection 2 or 2-A is a violation of the Maine 
Unfair Trade Practices Act. 
Sec. 6.  22 MRSA §1711-E, sub-§4, as enacted by PL 2007, c. 460, §1, is 
repealed. 
Sec. 7.  22 MRSA §8704, sub-§4, as amended by PL 2007, c. 460, §2, is further 
amended to read: 
4.  Rulemaking.  The board shall adopt rules necessary for the proper administration 
and enforcement of the requirements of this chapter and to carry out the duties of the 
organization under section 1711-E, subsection 4 and section 8713.  All rules must be 
adopted in accordance with Title 5, chapter 375 and unless otherwise provided are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 8.  22 MRSA §8704, sub-§7, as amended by PL 2007, c. 460, §3, is further 
amended to read: 
7.  Annual report.  The board shall prepare and submit an annual report on the 
operation of the organization and the Maine Health Data Processing Center as authorized 
in Title 10, section 681, including any activity contracted for by the organization or 
contracted services provided by the center, with resulting net earnings, to the Governor 
and the joint standing committee of the Legislature having jurisdiction over health and 
human services matters no later than February 1st of each year.  The report must include 
an annual accounting of all revenue received and expenditures incurred in the previous 
year and all revenue and expenditures planned for the next year.  The report must include 
a list of persons or entities that requested data from the organization in the preceding year 
with a brief summary of the stated purpose of the request. 
As part of its annual report, the organization shall report on filings for confidentiality 
protection under section 1711-E, subsection 4, the disclosure of the names of prescribers 
who filed for confidentiality protection, funding through the assessment under section 
1711-E, subsection 4, paragraph C and recommendations for legislation to improve 
operation of section 1711-E, subsection 4. 
Sec. 9.  22 MRSA §8713, as enacted by PL 2007, c. 460, §4, is repealed. 
SUMMARY 
This bill repeals provisions of Maine's laws providing confidentiality for certain 
prescription drug information relating to prescribers to conform state law to the United 
States Supreme Court decision in Sorrell v. IMS Health Inc., 131 S. Ct. 2653 (2011), 
which held unconstitutional similar provisions in the laws of Vermont.