An Act To Prohibit the Sale or Distribution of Software That Contains Inappropriate Advertising of Prescription Drugs
Be it enacted by the People of the State of Maine as follows:
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.
Effective September 20, 2007