§ 22 §2693 — Emergency drug pricing

In order to achieve the public health purposes listed in section 2691, maximum retail prices for prescription drugs sold in Maine may be established pursuant to this section.
1.
Emergency drug pricing procedures.
The following provisions apply to determinations regarding maximum retail prices for prescription drugs and to the procedures for establishing those prices.
2.
Select prescription drugs.
In making a determination under this section the commissioner may rely on pricing information on a selected number of prescription drugs if that list is representative of the prescription drug needs of the residents of the State and is made public as part of the process of establishing maximum retail prices.
3.
Public health or welfare.
The commissioner may take actions that the commissioner determines necessary if there is a severe limitation or shortage of or lack of access to prescription drugs in the State that could threaten or endanger the public health or welfare.
4.
Appeals.
A retailer of prescription drugs may appeal the maximum retail price of a prescription drug established pursuant to this section in accordance with the Maine Administrative Procedure Act.
5.
Enforcement.
A violation of the maximum retail prices established under this section is a violation of the Maine Unfair Trade Practices Act.

Legislative History

PL 1999, c. 786, §A3 (NEW). PL 2003, c. 494, §10 (AMD). PL 2007, c. 395, §§26, 27 (AMD).