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Prescription Privacy

Prescription Privacy Summary

This Maine law, codified at 22 M.R.S.A. § 1711-E, authorizes the State to establish a system by which Maine-licensed prescribers may register to seek protection of the privacy of their prescription drug information from use for drug marketing. The statute also provides for a fee on drug companies and labelers to fund the program. The State currently is unable to enforce the confidentiality provisions of the statute because enforcement has been preliminarily enjoined by the Federal District Court in Maine, a decision that the State has appealed. A final determination on on the legality of the statute has not been reached, and registration of prescribers and Maine’s enforcement of the fee are permitted to continue by the terms of the injunction to continue.

The text of the law may be viewed at the website: http://www.maine.gov/sos/cec/rules/10/chaps10.htm

Mailings to Manufacturers associated with this law:
Privacy Fee Letter(PDF*)

Marketing

A manufacturer or labeler of prescription drugs dispensed in this State that employs, directs or utilizes marketing representatives in this State shall report marketing costs for prescription drugs in this State as provided in this section. [RR 2003, c. 1, §18 (AFF); RR 2003, c. 1, §17 (RAL).]

1. Purposes.  Marketing costs for prescription drugs in this State must be reported to the department for the purposes of assisting this State in its role as a purchaser of prescription drugs and an administrator of prescription drug programs, enabling this State to determine the scope of prescription drug marketing costs and their effect on the cost, utilization and delivery of health care services and furthering the role of this State as guardian of the public interest.

For a full description of the law please see the following site: http://janus.state.me.us/legis/statutes/22/title22sec2698-A.html

Mailings to Manufacturers associated with this law:

Marketing Letter (PDF*)

ME PDMC Record Layout Spreadsheet(Excel*)

Latest Advisory on Report on Drug Marketing(PDF*)

 

Contact:

Jennifer Cook
Pharmacy Unit, Office of Maine Care Services
jennifer.cook@maine.gov

 

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