Me. Rev. Stat. tit. 22, § 2682 (2025)
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.
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;
[PL 2001, c. 379, §1 (NEW).]
B. A generic drug; or
[PL 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.
[PL 2001, c. 379, §1 (NEW).]
[PL 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.
[PL 2001, c. 379, §1 (NEW).]
3. Program participation information
[PL 2001, c. 471, Pt. E, §6 (RP); PL 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
[PL 2001, c. 471, Pt. E, §7 (NEW); PL 2001, c. 471, Pt. E, §8 (AFF); PL 2003, c. 689, Pt. B, §6 (REV).]
B. Advice to consult a health care provider or pharmacist about access to drugs at lower prices.
[PL 2001, c. 471, Pt. E, §7 (NEW); PL 2001, c. 471, Pt. E, §8 (AFF).]
[PL 2001, c. 471, Pt. E, §7 (NEW); PL 2001, c. 471, Pt. E, §8 (AFF); PL 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.
[PL 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.
[PL 2001, c. 379, §1 (NEW).]
PL 2001, c. 379, §1 (NEW). PL 2001, c. 471, §§E5-7 (AMD). PL 2001, c. 471, §E8 (AFF). PL 2003, c. 494, §9 (AMD). PL 2003, c. 689, §B6 (REV).