22 §2682. Display of Maine Rx Plus Program participation information
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 5: FOODS AND DRUGS
Chapter 603: PRESCRIPTION DRUG ACCESS HEADING: PL 1999, C. 786, PT. A, §3 (NEW)
Subchapter 1: MAINE RX PLUS PROGRAM HEADING: PL 1999, C. 786, PT. A, §3 (NEW); 2003, C. 494, §1 (RPR)
§2682. Display of Maine Rx Plus Program participation information
A drug dispensed pursuant to prescription, including a drug dispensed without charge to the consumer, must be accompanied by program participation information in a manner approved by the commissioner and as permitted by law. [2001, c. 471, Pt. E, §5 (AMD); 2001, c. 471, Pt. E, §8 (AFF).]
1. Exceptions. The requirements of this section do not apply to:
A. A drug dispensed to a consumer who has health coverage that pays part or all of the retail cost of the drug; [2001, c. 379, §1 (NEW).]
B. A generic drug; or [2001, c. 379, §1 (NEW).]
C. A drug of a manufacturer or labeler that has entered into an agreement with the department pursuant to section 2681, subsection 3. [2001, c. 379, §1 (NEW).]
[ 2001, c. 379, §1 (NEW) .]
2. Rulemaking. The commissioner shall adopt rules to implement this section. Rules adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 375, subchapter II-A.
[ 2001, c. 379, §1 (NEW) .]
3. Program participation information.
[ 2001, c. 471, Pt. E, §6 (RP); 2001, c. 471, Pt. E, §8 (AFF) .]
3-A. Program participation information. The rules must provide for the disclosure of program participation information, including, but not limited to, the following:
A. Notification that the manufacturer or labeler has not entered into an agreement with the Department of Health and Human Services pursuant to section 2681, subsection 3; and [2001, c. 471, Pt. E, §7 (NEW); 2001, c. 471, Pt. E, §8 (AFF); 2003, c. 689, Pt. B, §6 (REV).]
B. Advice to consult a health care provider or pharmacist about access to drugs at lower prices. [2001, c. 471, Pt. E, §7 (NEW); 2001, c. 471, Pt. E, §8 (AFF).]
[ 2001, c. 471, Pt. E, §7 (NEW); 2001, c. 471, Pt. E, §8 (AFF); 2003, c. 689, Pt. B, §6 (REV) .]
4. Separate writing. The requirements of this section may be met by the distribution of a separate writing that is approved by or produced and distributed by the department.
[ 2001, c. 379, §1 (NEW) .]
5. Waivers. The rules must provide for waivers to the requirements of this section, particularly when the manufacturer or labeler is negotiating with the commissioner pursuant to section 2681, subsection 3.
[ 2001, c. 379, §1 (NEW) .]
SECTION HISTORY
2001, c. 379, §1 (NEW). 2001, c. 471, §§E5-7 (AMD). 2001, c. 471, §E8 (AFF). 2003, c. 494, §9 (AMD). 2003, c. 689, §B6 (REV).