Sec. 1. 24 MRSA c. 21, sub-c. 11 is enacted to read:

SUBCHAPTER 11

ACCEPTANCE OF GIFTS OR OTHER INDUCEMENTS BY

HEALTH CARE PRACTITIONERS AND HEALTH CARE PROVIDERS

§2991.__Definitions

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.

1.__Drug__distributor.__"Drug distributor" means a person that purchases prescription drugs from one or more drug manufacturers or that sells or distributes prescription drugs to a health care practitioner or health care provider or that purchases, sells or distributes prescription drugs to a person that purchases, sells or distributes prescription drugs.__ Manufacturing drugs or directly providing health care through the use of drugs does not render a person a drug distributor.

2.__Drug manufacturer.__"Drug manufacturer" means a person engaged in the production of prescription drugs and includes a subsidiary or affiliate of a manufacturer.

3.__Labeler.__"Labeler" means a person that receives prescription drugs from a manufacturer or wholesaler and repackages those drugs for later retail sale and that has a labeler code from the United States Department of Health and Human Services, Food and Drug Administration under 21 Code of Federal Regulations, 207.20 (2002).

4.__Sales representative.__"Sales representative" means any person who represents a prescription drug manufacturer, drug distributor or labeler in marketing or promoting the prescription, purchase or sale of drugs.

§2992.__Interference in patient relationship prohibited

A drug manufacturer, drug distributor or labeler may not interfere or attempt to interfere in the relationship between a health care practitioner or health care provider and a patient.

1.__Nonmonetary gifts and other inducements; exceptions.__ The offer of any nonmonetary gift or other nonmonetary inducement by a drug manufacturer or drug distributor to or for the benefit of a health care practitioner or health care provider that is intended to or reasonably may influence the prescription or