6.__Confidentiality; public information.__Information submitted to the Maine Health Data Organization pursuant to this section is confidential and is not a public record as defined in Title 1, section 402, subsection 3.__Data compiled in aggregate form by the organization 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.

7.__Penalty.__A manufacturer or labeler that fails to provide a report as required by this section commits a civil violation for which a fine of $1000 may be adjudged, plus costs and attorney's fees.

8.__Rulemaking.__The Maine Health Data Organization shall adopt rules to implement this section.__Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

Sec. 2. Effective date. This Act takes effect January 1, 2004.

SUMMARY

This bill requires prescription drug manufacturers and labelers whose drugs are dispensed to Maine residents to file annual reports with the Maine Health Data Organization regarding their expenses for advertising and promoting their drugs. The bill requires the Maine Health Data Organization to file an annual report regarding the information filed and a biennial report that contains analysis of information and recommendations. The bill continues the confidentiality of trade information that is protected under state and federal law. The bill provides for a fine of $1,000 for failure to report as required. The bill provides for rulemaking by the Maine Health Data Organization and contains an effective date of January 1, 2004.