LD 1167
pg. 5
Page 4 of 10 An Act To Ensure the Health and Safety of All Maine Citizens by Licensing Drug ... Page 6 of 10
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LR 1797
Item 1

 
the designated representative is authorized for reasons such
as sick leave or vacation leave;

 
G.__Is serving in the capacity of designated representative
for only one applicant at a time;

 
H.__Has no convictions under any local, state or federal law
relating to wholesale or retail prescription drug or
controlled substance distribution; and

 
I.__Has no felony convictions under any local, state or
federal law.

 
4. Fingerprints.__The board shall submit the fingerprints
required under subsection 2, paragraph I to the Department of
Public Safety, Bureau of Identification for a state criminal
history record check and the Federal Bureau of Investigation for
a national criminal history record check.

 
5. Bond requirement.__An applicant under this section must
submit to the board a bond or other equivalent means of security
such as a letter of credit or a deposit in a trust account
payable to the Wholesale Distributor Application Fund,
established in subsection 6.__The bond must secure payment of any
fine or fee imposed by or cost incurred by the State regarding
the license applied for under this section that the applicant
fails to pay within 30 days after the fine, fee or cost is final.__
The State may make a claim on the bond or security required under
this subsection within 1 year after the license for which the
bond or security is filed ceases to be valid.

 
6. Wholesale Distributor Application Fund.__The Wholesale
Distributor Application Fund, a nonlapsing fund administered by
the board, is established.__Assets are received into the fund
pursuant to the bonds and securities required under subsection 5.__
The purpose of the fund is to secure the payment of a fine, fee
or cost levied against a licensee under this subchapter by the
State pursuant to subsection 5.

 
§13844.__Minimum restrictions on transactions

 
1. Ninety-five percent rule.__In any calendar month, a
wholesale distributor must sell, distribute, transfer or
otherwise furnish at least 95% of the prescription drugs
possessed by the wholesale distributor to a pharmacy or other
person dispensing or administering prescription drugs.

 
2. Purchases and receipts from pharmacies.__A wholesale
distributor may not purchase or otherwise receive a prescription
drug from a pharmacy, except if the prescription drug was


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