PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
An Act Regarding Generic Drug Pricing
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  32 MRSA §13702-A, sub-§12-A  is enacted to read:
 
12-A.  Eligible product developer.     "Eligible product developer" means a person that seeks to develop an application for the approval of a drug under the Federal Food, Drug, and Cosmetic Act, Section 505(b) or 505(j) or the licensing of a biological product under the federal Public Health Service Act, Section 351.
Sec. 2. 32 MRSA §13742-A, sub-§1, ¶¶C and D, as enacted by PL 2007, c. 402, Pt. DD, §19, are amended to read:
 
C. Engaging in unprofessional conduct by violating any standard of professional behavior, including but not limited to a breach of confidentiality of health care information pursuant to state law, that has been established in the practice for which the licensee is licensed; or
 
D. Engaging in false, misleading or deceptive advertising.; or
Sec. 3.  32 MRSA §13742-A, sub-§1, ¶E  is enacted to read:
 
E.  Failing to comply with section 13800.
Sec. 4.  32 MRSA §13742-A, sub-§4  is enacted to read:
 
4.  Injunction.     Notwithstanding any other provision of law, the Attorney General may seek injunctive relief against a person who violates subsection 1, paragraph E.
Sec. 5.  32 MRSA §13800  is enacted to read:
§ 13800. Access to distributed drugs
A drug distributed in this State must be made available for sale in this State, at fair market price and without any restriction that delays access, to an eligible product developer.
 
SUMMARY
This bill amends the Maine Pharmacy Act to require that a drug distributed in this State must be made available for sale in this State to a person seeking to develop an application for the approval of the drug under the Federal Food, Drug, and Cosmetic Act or the licensing of a biological product under the federal Public Health Service Act. It establishes disciplinary actions for noncompliance.