HP1009, LD 1440, item 2, 123rd Maine State Legislature
‘An Act To Prohibit the Sale or Distribution of Software That Contains Inappropriate Advertising of Prescription Drugs’

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Amend the bill by striking out the title and substituting the following:
‘An Act To Prohibit the Sale or Distribution of Software That Contains Inappropriate Advertising of Prescription Drugs’
Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:
‘Sec. 1. 22 MRSA §2700-A, sub-§1, ¶B-1  is enacted to read:
 
B-1.  "Prescriber" means a person who is licensed, registered or otherwise authorized in the appropriate jurisdiction to prescribe and administer drugs in the course of professional practice.
Sec. 2. 22 MRSA §2700-A, sub-§2-A  is enacted to read:
 
2-A.  Software prohibition.    Beginning January 1, 2008, a person may not sell or distribute in the State computer software that influences or attempts to influence a prescribing decision of a prescriber to prescribe a certain drug or that directs a patient to a certain pharmacy. Features of computer software that are prohibited include, but are not limited to, pop-up and other advertisements, instant messages and economic incentives that are triggered by or in specific response to a selection, act or other input or designation of pharmacy by the prescriber or an agent of the prescriber. This subsection does not apply to in-house equipment provided within a hospital for use by prescribers and the hospital pharmacy or to information provided to a prescriber about prescription drug formulary compliance, patient care management or pharmacy reimbursement.’
 
SUMMARY
This amendment is the majority report of the committee. The amendment adds to the bill a definition of "prescriber," clarifies that the prohibition is on the sale or distribution of certain software, provides a starting date of January 1, 2008 and provides exceptions for in-house equipment in a hospital and for information provided to a prescriber about prescription drug formulary compliance, patient care management or pharmacy reimbursement.

HP1009, LR 1960, item 2, First Regular Session - 123rd Legislature, page