Maine Statute | Act | Code |Title 32. Professions And Occupations| US Code - US Statute | Chapter 117. Maine Pharmacy Act (heading. Pl 1987, C. 710, @5 (new))

Title 32 - §13701. Short title

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 1: TITLE AND DEFINITIONS (HEADING: PL 1987, c. 710, @5 (new))

§13701. Short title

This chapter shall be known and may be cited as the "Maine Pharmacy Act." [1987, c. 710, §5 (new).]
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Title 32 - §13702. Definitions

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 1: TITLE AND DEFINITIONS (HEADING: PL 1987, c. 710, @5 (new))

§13702. Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [1987, c. 710, §5 (new).]

1. Board. "Board" means the Maine Board of Pharmacy. [1997, c. 245, §3 (amd).]

1-A. Automated pharmacy systems. "Automated pharmacy systems" means mechanical systems that perform operations or activities, other than compounding, relative to the storage, packaging, labeling, dispensing or distribution of medications, and systems that collect, control and maintain all transactional information. [1999, c. 130, §1 (new).]

2. Commissioner. "Commissioner" means the Commissioner of the Department of Professional and Financial Regulation. [1987, c. 710, §5 (new).]

2-A. Compounding. "Compounding" means the preparation, mixing, assembling, packaging or labeling of a drug or device by a pharmacist for the pharmacist's patient either for dispensing as the result of a practitioner's prescription drug order, or for the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale or dispensing. "Compounding" also includes the preparation of drugs or devices in anticipation of prescription drug orders to be received by the pharmacist based on routine, regularly observed prescribing patterns. [1999, c. 130, §2 (new).]

3. Dangerous substance. "Dangerous substance" means a substance defined in section 13731, subsection 2. [1987, c. 710, §5 (new).]

4. Deliver or delivery. "Deliver" or "delivery" means the actual, constructive or attempted transfer of a drug or device from one person to another, whether or not for a consideration. [1987, c. 710, §5 (new).]

5. Department. "Department" means the Department of Professional and Financial Regulation. [1987, c. 710, §5 (new).]

6. Device. "Device" means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent or other similar or related article, including any component part or accessory, which is required under federal or state law to be prescribed by a practitioner and dispensed by a pharmacist. [1987, c. 710, §5 (new).]

7. Dispense or dispensing. "Dispense" or "dispensing" means the preparation and delivery of a prescription drug in a suitable container appropriately labeled for subsequent administration to or use by a patient or other individual entitled to receive the prescription drug pursuant to a lawful order of a practitioner. [1987, c. 710, §5 (new).]

8. Distribute. "Distribute" means the delivery of a drug other than by administering or dispensing. [1987, c. 710, §5 (new).]

9. Drug. "Drug" means:

A. Articles recognized as drugs in the official United States Pharmacopeia and National Formulary, other drug compendiums or any supplement to any of them; [1987, c. 710, §5 (new).]

B. Articles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or other animals; [1987, c. 710, §5 (new).]

C. Articles, other than food, intended to affect the structure or any function of the body of humans or other animals; and [1987, c. 710, §5 (new).]

D. Articles intended for use as a component of any articles specified in paragraphs A to C. [1987, c. 710, §5 (new).]

[1987, c. 710, §5 (new).]

10. Drug outlet. "Drug outlet" means:

A. Any pharmacy located in a retail store, mail order business, free clinic or rural health center with facilities located in this State which is engaged in dispensing, delivering or distributing prescription drugs; or [1999, c. 42, §1 (amd).]

B. Any mail order prescription company, or wholesaler, with facilities located in this State or doing business in this State which is engaged in dispensing, delivering or distributing prescription drugs. [1987, c. 710, §5 (new).]

[1999, c. 42, §1 (amd).]

10-A. Electronic transmission. "Electronic transmission" means transmission of information in electronic form or the transmission of the exact visual image of a document by way of electronic equipment. [1999, c. 130, §3 (new).] (REALLOCATED TO T. 32, §13702, sub-§10-B)

10-A. Free clinic. [1999, c. 42, §2 (new); RR 1999, c. 1, §46 (ral).] (REALLOCATED FROM T. 32, §13702, sub-§10-A)

10-B. Free clinic. "Free clinic" means an incorporated nonprofit health facility that provides health care to people at no charge. [RR 1999, c. 1, §46 (ral).]

11. Generic and therapeutically equivalent drug. "Generic" and "therapeutically equivalent drug" means any drug which has identical amounts of the same active ingredients in the same dosage form and in the same concentration which, when administered in the same amounts, will produce or can be expected to have the same therapeutic effect as the drug prescribed. [1987, c. 710, §5 (new).]

12. Labeling. "Labeling" means the process of preparing and affixing a label to the outside of any drug container, exclusive of the labeling by a manufacturer, packer or distributor of a nonprescription drug or commercially packaged legend drug or device. Any such label shall include all information required by federal law or regulation and state law or rule. [1987, c. 710, §5 (new).]

12-A. Mail order contact lens supplier. "Mail order contact lens supplier" means a person or entity, other than an optometrist or physician licensed in this State, that fills contact lens prescriptions by mail or carrier for a patient who resides in this State. [1997, c. 117, §9 (new).]

13. Mail order prescription pharmacy. A "mail order prescription pharmacy" means an entity that dispenses prescription medications by mail or carrier from a facility not located in this State to a patient who resides in Maine. [1987, c. 710, §5 (new).]

14. Manufacture. "Manufacture" means the production, preparation, propagation, compounding, conversion or processing of a device or drug, either directly or indirectly, by extraction from substances of natural origin or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis and includes any packaging or repacking of the substances or labeling or relabeling of its container, except that manufacture does not include the preparation or compounding of a drug by an individual for personal use or the preparation, compounding, packaging or labeling of a drug:

A. By a pharmacist or practitioner incidental to administering or dispensing a drug in the course of professional practice; or [1987, c. 710, §5 (new).]

B. By a practitioner or by authorization under the practitioner's supervision for the purpose of or incidental to research, teaching or chemical analysis and not for sale. [1987, c. 710, §5 (new).]

[1987, c. 710, §5 (new).]

15. Manufacturer. "Manufacturer" means a person engaged in the manufacture of prescription drugs. [1987, c. 710, §5 (new).]

16. Nonprescription drugs. "Nonprescription drugs" means nonnarcotic drugs which may be sold without a prescription and which are prepackaged for use by the consumer and labeled in accordance with the requirements of the laws and rules of this State and the Federal Government. [1987, c. 710, §5 (new).]

17. Person. "Person" means an individual, corporation, partnership, association or any other legal entity. [1987, c. 710, §5 (new).]

18. Pharmacist. "Pharmacist" means an individual licensed by this State to engage in the practice of pharmacy.

A. "Chain pharmacist" means an individual who is practicing pharmacy within a chain; that is, where there is a corporate grouping of 4 or more stores. [1987, c. 710, §5 (new).]

B. "Hospital pharmacist" means an individual who is practicing pharmacy in a hospital setting. [1987, c. 710, §5 (new).]

C. "Independent pharmacist" means an individual who is practicing pharmacy in an independent pharmacy; that is, where there are fewer than 4 pharmacies under the same ownership. [1987, c. 710, §5 (new).]

D. "Qualified assistant pharmacist" means an individual licensed by this State as a qualified assistant apothecary, qualified assistant or assistant pharmacist, provided that the license is in full force and effect, except for the right to serve as a "pharmacist in charge." [1987, c. 710, §5 (new).]

[1987, c. 710, §5 (new).]

19. Pharmacist in charge. "Pharmacist in charge" means the pharmacist who is responsible for the licensing of the prescription department. [1987, c. 710, §5 (new).]

19-A. Pharmacy technician. "Pharmacy technician" means a person employed by a pharmacy who works in a supportive role to, and under the direct supervision of, a licensed pharmacist. [1997, c. 245, §4 (new).]

20. Physician. "Physician" means an allopathic physician or osteopathic physician. [1987, c. 710, §5 (new).]

21. Poison. "Poison" means an agent that when ingested, inhaled or otherwise absorbed by a living organism is capable of producing a deleterious response seriously injuring function or producing death. [1987, c. 710, §5 (new).]

22. Practice of pharmacy. "Practice of pharmacy" means the interpretation and evaluation of prescription drug orders; the compounding, dispensing, labeling of drugs and devices, except labeling by a manufacturer, packer or distributor of nonprescription drugs and commercially packaged legend drugs and devices; the participation in drug selection and drug utilization reviews; the proper and safe storage of drugs and devices and the maintenance of proper records for these drugs and devices; the responsibility for advising, when necessary or regulated, of therapeutic values, content, hazards and use of drugs and devices; and the offering or performing of those acts, services, operations or transactions necessary in the conduct, operation, management and control of a pharmacy. [1987, c. 710, §5 (new).]

23. Practitioner. "Practitioner" means an individual who is licensed, registered or otherwise authorized in the appropriate jurisdiction to prescribe and administer drugs in the course of professional practice. [1999, c. 130, §4 (amd).]

24. Prescription drug or legend drug. "Prescription drug" or "legend drug" means a drug which:

A. Under federal law, is required, prior to being dispensed or delivered, to be labeled with either of the following statements:

(1) "Caution: Federal law prohibits dispensing without prescription."; or

(2) "Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian."; or
[1987, c. 710, §5 (new).]

B. Is required by an applicable federal or state law or rule to be dispensed on prescription only or is restricted to use by practitioners only. [1987, c. 710, §5 (new).]

[1987, c. 710, §5 (new).]

25. Prescription drug order. "Prescription drug order" means a lawful written or oral order of a practitioner for a drug or device. Written orders may be issued on a prescription form or by electronic transmission. [1999, c. 130, §5 (amd).]

25-A. Rural health center. "Rural health center" means an incorporated nonprofit health facility that provides comprehensive primary health care to citizens in rural areas. [1993, c. 716, §1 (new).]

25-B. Targeted methamphetamine precursor. "Targeted methamphetamine precursor" means any product containing any amount of ephedrine, pseudoephedrine or phenylpropanolamine or their salts, isomers or salts of isomers, either alone or in combination with other ingredients:

A. In dry or solid nonliquid form; or [2005, c. 430, §6 (new); §10 (aff).]

B. In liquid, liquid-filled capsule or glycerin matrix form if designation as a targeted methamphetamine precursor has been completed by rule adopted pursuant to section 13795, subsection 5, paragraph A. [2005, c. 430, §6 (new); §10 (aff).]

[2005, c. 430, §6 (new); §10 (aff).]

26. Wholesaler. "Wholesaler" means a person who buys prescription drugs for resale and distribution to persons other than consumers. [1987, c. 710, §5 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13711. Establishment

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 2: MAINE BOARD OF PHARMACY (HEADING: PL 1987, C. 710, @5 (new); 1997, c. 245, @5 (rpr))

§13711. Establishment

There is established, within the department, in accordance with Title 5, chapter 379, the Maine Board of Pharmacy. The board has all of the duties, powers and authority specifically granted by and necessary to the enforcement of this Act. [1997, c. 245, §6 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13712. Membership

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 2: MAINE BOARD OF PHARMACY (HEADING: PL 1987, C. 710, @5 (new); 1997, c. 245, @5 (rpr))

§13712. Membership

The board shall consist of 7 members, two of whom shall be representatives of the public and the remainder of whom shall be licensed pharmacists who possess the qualifications specified in section 13713. At the time of the appointment, at least one of the licensed pharmacists must be a hospital pharmacist, at least one must be a chain pharmacist and at least one must be an independent pharmacist. [1987, c. 710, §5 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13713. Qualifications

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 2: MAINE BOARD OF PHARMACY (HEADING: PL 1987, C. 710, @5 (new); 1997, c. 245, @5 (rpr))

§13713. Qualifications

1. Public members. The public members of the board must be residents of this State who are at least 21 years of age and shall not be, nor ever have been, members of the profession of pharmacy, the spouse of a member of the profession of pharmacy, a person who has ever had any material financial interest in providing pharmacy services or a person who has engaged in any activity directly related to the practice of pharmacy. [1987, c. 710, §5 (new).]

2. Licensed pharmacists. The licensed pharmacist members of the board shall, at the time of their appointment:

A. Be residents of this State; [1987, c. 710, §5 (new).]

B. Be licensed and in good standing to engage in the practice of pharmacy in this State; [1987, c. 710, §5 (new).]

C. Be engaged in the practice of pharmacy in this State; and [1987, c. 710, §5 (new).]

D. Have 5 years of experience in the practice of pharmacy in this State after licensure. [1987, c. 710, §5 (new).]

[1987, c. 710, §5 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13714. Appointment

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 2: MAINE BOARD OF PHARMACY (HEADING: PL 1987, C. 710, @5 (new); 1997, c. 245, @5 (rpr))

§13714. Appointment

The Governor shall appoint the members of the board. Prior to appointing any pharmacist as a member of the board, the Governor may solicit recommendations of candidates from the Maine Pharmacy Association and other pharmaceutical organizations as appropriate. [1987, c. 710, §5 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13715-A. Terms of office

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 2: MAINE BOARD OF PHARMACY (HEADING: PL 1987, C. 710, @5 (new); 1997, c. 245, @5 (rpr))

§13715-A. Terms of office

1. Length. Members of the board are appointed for terms of 3 years. Appointments of members must comply with section 60. [1993, c. 600, Pt. A, §269 (new).]

2. Grounds for removal. The Governor may remove a member of the board for cause. [1993, c. 600, Pt. A, §269 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13715. Terms of office (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 2: MAINE BOARD OF PHARMACY (HEADING: PL 1987, C. 710, @5 (new); 1997, c. 245, @5 (rpr))

§13715. Terms of office (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13716. Organization

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 2: MAINE BOARD OF PHARMACY (HEADING: PL 1987, C. 710, @5 (new); 1997, c. 245, @5 (rpr))

§13716. Organization

1. Officers. The board shall elect from its members a president and other officers as it deems appropriate and necessary to conduct its business. The president of the board shall preside at all meetings of the board and shall be responsible for the performance of all of the duties and functions of the board required or permitted by this Act. Each additional officer elected by the board shall perform those duties normally associated with that position and those other duties assigned from time to time by the board. [1987, c. 710, §5 (new).]

2. Terms of office. Officers elected by the board shall serve terms of one year commencing with the day of their elections and ending upon elections of their successors and shall serve no more than 3 consecutive full terms in each office to which elected. [1987, c. 710, §5 (new).]

3. Executive director. [1995, c. 397, §108 (rp).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13717. Compensation (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 2: MAINE BOARD OF PHARMACY (HEADING: PL 1987, C. 710, @5 (new); 1997, c. 245, @5 (rpr))

§13717. Compensation (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13718. Meetings

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 2: MAINE BOARD OF PHARMACY (HEADING: PL 1987, C. 710, @5 (new); 1997, c. 245, @5 (rpr))

§13718. Meetings

1. Number. The board shall meet at least once every 2 months to transact its business. The December meeting shall be designated as the annual meeting and shall be for the purpose of electing officers and for the reorganization of the board. The board shall meet at additional times as it may determine. Additional meetings may be called by the president or by 23 of the members of the board. [1987, c. 710, §5 (new).]

2. Place. The board shall meet at such place as it may from time to time determine. The place for each meeting shall be determined prior to giving notice of the meeting and shall not be changed after the notice is given without adequate subsequent notice. [1987, c. 710, §5 (new).]

3. Notice. Notice of all meetings of the board shall be given in the manner and pursuant to requirements prescribed by the State's applicable laws and rules. [1987, c. 710, §5 (new).]

4. Quorum. A majority of the members of the board constitutes a quorum for the conduct of a board meeting and, except when a greater number is required by this Act or by any rule of the board, all actions of the board shall be by a majority of a quorum. [1987, c. 710, §5 (new).]

5. Open meeting. All board meetings and hearings shall be open to the public. The board may conduct portions of its meetings in executive session pursuant to the freedom of access laws, Title 1, section 405. [1987, c. 710, §5 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13719. Employees (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 2: MAINE BOARD OF PHARMACY (HEADING: PL 1987, C. 710, @5 (new); 1997, c. 245, @5 (rpr))

§13719. Employees (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13720. Rules

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 2: MAINE BOARD OF PHARMACY (HEADING: PL 1987, C. 710, @5 (new); 1997, c. 245, @5 (rpr))

§13720. Rules

The board shall make, adopt, amend and repeal such rules as may, from time to time, be determined necessary by the board for the proper administration and enforcement of this Act. These rules shall be promulgated in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375. [1987, c. 710, §5 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13721. Licensure and discipline

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 2: MAINE BOARD OF PHARMACY (HEADING: PL 1987, C. 710, @5 (new); 1997, c. 245, @5 (rpr))

§13721. Licensure and discipline

1. Responsibility. The board's responsibility for the control and regulation of the practice of pharmacy in this State includes, but is not limited to, the following actions:

A. The licensing by examination or by reciprocity of applicants who are qualified to engage in the practice of pharmacy under this Act; [1987, c. 710, §5 (new).]

B. The renewal of licenses to engage in the practice of pharmacy; [1987, c. 710, §5 (new).]

C. The determination and issuance of standards for recognition and approval of degree programs of schools and colleges of pharmacy whose graduates shall be eligible for licensure in this State and the specification and enforcement of requirements for practical training, including internship; [1987, c. 710, §5 (new).]

D. The inspection during business hours of all pharmacies, dispensaries, stores, hospital pharmacies, extended care facilities, boarding homes, nursing homes, drug abuse treatment centers, penal institutions, family planning centers or other drug outlets in which drugs or medicines are manufactured, stored, distributed, compounded, dispensed or retailed in this State; [1987, c. 710, §5 (new).]

E. The registration of any drug outlet as set out in section 13751 and any manufacturer or wholesaler whose products are distributed in this State; [1987, c. 710, §5 (new).]

F. The enforcement of those provisions of this Act relating to the conduct or competence of pharmacists practicing in this State and the processing of complaints which could lead to the suspension, revocation or restriction of licenses to engage in the practice of pharmacy; [1987, c. 710, §5 (new).]

G. The rules of the training, qualification and employment of pharmacy interns and pharmacy students; and [1987, c. 710, §5 (new).]

H. The registration of pharmacy technicians, including the required fee as set under section 13724, and adoption of rules governing the training, qualification and employment of pharmacy technicians. [2005, c. 262, Pt. B, §1 (amd).]

[2005, c. 262, Pt. B, §1 (amd).]

2. Reciprocal inspections. The board may enter into reciprocal inspection agreements with any state in which a mail order prescription facility selling drugs to Maine citizens is located. [1997, c. 245, §8 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13722. Medications, drugs, devices and other materials

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 2: MAINE BOARD OF PHARMACY (HEADING: PL 1987, C. 710, @5 (new); 1997, c. 245, @5 (rpr))

§13722. Medications, drugs, devices and other materials

1. Responsibility. The board has the following responsibilities in regard to medications, drugs, devices and other materials used in this State in the diagnosis, mitigation and treatment or prevention of injury, illness and disease. The board shall:

A. Promulgate rules concerning the sale and dispensing of medications, drugs, devices and other materials, including the right to seize any such drugs, devices and other materials found to be detrimental to the public health and welfare by the board after appropriate hearing as required under the Maine Administrative Procedure Act, Title 5, chapter 375; [1987, c. 710, §5 (new).]

B. Establish the specifications of minimum professional and technical equipment, environment, supplies and procedure for the compounding or dispensing of medications, drugs, devices and other materials within the practice of pharmacy; [1987, c. 710, §5 (new).]

B-1. Establish standards for the use, maintenance and supervision of automated pharmacy systems. [1999, c. 130, §6 (new).]

C. Assure that standards for purity and quality of medications, drugs, devices and other materials within the practice of pharmacy are met; [1987, c. 710, §5 (new).]

D. Issue and renew certificates of registration for purposes of ascertaining those persons engaged in the manufacture and distribution of drugs; [1987, c. 710, §5 (new).]

E. Promulgate rules concerning the sale and the dispensing of any exempt narcotic preparation. An "exempt narcotic preparation" means any medicinal preparation that contains in 30 milliliters or, if a solid or semisolid preparation, in 30 grams:

(1) Not more than 130 milligrams of opium;

(2) Not more than 15 milligrams of morphine or any of its salts;

(3) Not more than 65 milligrams of codeine or any of its salts;

(4) Not more than 30 milligrams of dihydrocodeine or any of its salts; or

(5) Not more than one of the drugs named in subparagraphs (1) to (4).

A record shall be kept of the sale of exempt narcotic preparations. The record must contain the date of sale, signature and address of the purchaser, name of the preparation, purpose for which purchased and signature of the person making the sale; and [1987, c. 710, §5 (new).]

F. After notice and hearing, designate as potent medicinal substances any compounds of barbituric acid, amphetamines or any other central nervous system stimulants or depressants, psychic energizers or any other drugs having a tendency to depress or stimulate which are likely to be injurious to health if improperly used. [1987, c. 710, §5 (new).]

[1999, c. 130, §6 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13723. Other duties, powers and authority

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 2: MAINE BOARD OF PHARMACY (HEADING: PL 1987, C. 710, @5 (new); 1997, c. 245, @5 (rpr))

§13723. Other duties, powers and authority

The board has such other duties, powers and authority as may be necessary to enforce this Act and the board may adopt rules pursuant to this Act, which include, but are not limited to, the following. [1987, c. 710, §5 (new).]

1. Professional associations. The board may join professional organizations and associations organized exclusively to promote the improvement of the standards of the practice of pharmacy for the protection of the health and welfare of the public and whose activities assist and facilitate the work of the board. [1987, c. 710, §5 (new).]

2. Bond. In addition to any statutory requirements, the board may require such surety bonds as it deems necessary to guarantee the performance and discharge of the duties of any officer or employee receiving and disbursing funds. [1987, c. 710, §5 (new).]

3. Seal. The executive director of the board or the secretary of the board shall keep the seal of the board at the department and shall affix it only in such manner as may be prescribed by the board. [1987, c. 710, §5 (new).]

4. Reports. The board shall submit to the commissioner no later than August 1st of each year a report summarizing its proceedings and activities during the fiscal year, together with a report of all money received and disbursed by the board. [1987, c. 710, §5 (new).]

5. Fees. [2005, c. 262, Pt. B, §2 (rp).]

6. Grants. The board may receive and expend funds, in addition to its annual allocation, from parties other than the State, provided that:

A. The funds are awarded for the pursuit of a specific objective which the board is authorized to accomplish by this Act or which the board is qualified to accomplish by reason of its jurisdiction or professional expertise; [1987, c. 710, §5 (new).]

B. The funds are expended for the pursuit of the objective for which they are awarded; [1987, c. 710, §5 (new).]

C. Activities connected with or occasioned by the expenditures of the funds do not interfere with or impair the performance of the board's duties and responsibilities and do not conflict with the exercise of the board's powers as specified by this Act; [1987, c. 710, §5 (new).]

D. The funds are kept in a separate, special state account; and [1987, c. 710, §5 (new).]

E. Periodic reports are made to the commissioner concerning the board's receipt and expenditure of the funds. [1987, c. 710, §5 (new).]

[1987, c. 710, §5 (new).]

7. Investigatory powers. The board shall notify the Department of the Attorney General upon receipt of a complaint. Upon receipt of the notifications, the Attorney General shall notify the department within a timely period if the alleged violation requires criminal investigation. If a case does not require criminal investigation, the board or its authorized representatives may investigate and gather evidence concerning alleged violations of this Act or of the rules of the board. The board or an officer authorized pursuant to paragraph A may remove from any premises authorized for inspection pursuant to section 13721, subsection 1, paragraph D certain original records relating to scheduled drugs or controlled substances, including, but not limited to, prescription records, shipping and delivery records, patient profiles, inventories and other drug records for the purposes of analysis, duplication and furthering the investigation. A signed inventory receipt of any records being removed must be furnished to the premises by the board or an authorized officer. When a means of producing legible photocopies is readily available at the site of the records being removed, an authorized officer removing the records shall leave photocopies of the records as part of an inventory receipt in accordance with this subsection. Except when photocopies are left as part of an inventory receipt, the board or an authorized officer removing records from the premises shall, within 48 hours from the time of removal, provide to a representative of the premises photocopies of any removed records, together with a certificate identifying the agency in possession of the records, or return the original records. Inventory receipts and photocopies of any removed records provided by the board or an authorized officer are admissible as evidence if offered by any representative of the premises to prove compliance with any rule of the board or requirement of law.

A. Prescriptions, orders and records required by this chapter and stocks of prescription and legend drugs are open only to the board, the board's inspectors and investigators, federal and state law enforcement officers whose duty it is to enforce the laws of this State or of the United States relating to scheduled drugs or controlled substances and other law enforcement officers authorized by the board or the Attorney General for the purposes of inspecting, investigating and gathering evidence of violations of law or any rule of the board. No officer having knowledge by virtue of the officer's office of any such prescription, order or record may divulge that knowledge, except before a licensing or registration board or officer or in connection with a prosecution or proceeding in court. [1991, c. 274, §2 (amd).]

B. The Bureau of Health, the board, their officers, agents, inspectors and representatives, all peace officers within the State and all prosecuting attorneys shall enforce all provisions of this chapter, except those specifically delegated, and shall cooperate with all agencies charged with the enforcement of the laws of the United States, of this State and of all other states relating to prescription or legend drugs or their equivalent. [1991, c. 274, §2 (amd).]

C. [1995, c. 621, §4 (rp).]

[1995, c. 621, §4 (amd).]

8. Embargo. The board may embargo certain drugs or devices as follows.

A. Notwithstanding anything in this Act to the contrary, if a duly authorized representative of the board finds or has probable cause to believe that any drug or device is adulterated or misbranded within the meaning of the United States Food and Drug Act, the board representative shall affix to the drug or device a tag or other appropriate marking giving notice that the article is or is suspected of being adulterated or misbranded and has been detained or embargoed, and warning all persons not to remove or dispose of the article by sale or otherwise until provision for removal or disposal is given by the board, its agent or the court. No person may remove or dispose of the embargoed drug or device by sale or otherwise without the permission of the board or its agent or, after summary proceedings have been instituted, without permission from the court. [1987, c. 710, §5 (new).]

B. When a drug or device detained or embargoed under paragraph A has been declared by a representative of the board to be adulterated or misbranded, the board shall, as soon as practical, report the declaration to the Attorney General's office, along with sufficient information to permit the Attorney General to bring a petition for an injunction to the judge of the court in whose jurisdiction the article is detained or embargoed. If the judge determines that the drug or device so detained or embargoed is not adulterated or misbranded, the board shall direct the immediate removal of the tag or other marking. [1987, c. 710, §5 (new).]

C. If the court finds the detained or embargoed drug or device is adulterated or misbranded, that drug or device, after entry of the decree, shall be destroyed at the expense of the owner under the supervision of the board representative and all court costs and fees, storage and other proper expense shall be borne by the owner of the drug or device. When the adulteration or misbranding may be corrected by proper labeling or processing of the drug or device, the court, after entry of the decree and after the costs, fees and expenses have been paid and a good and sufficient bond has been posted, may direct that the drug or device be delivered to the owner for labeling or processing under the supervision of a board representative. The expense of the supervision shall be paid by the owner. The bond shall be returned to the owner of the drug or device on representation to the court by the board that the drug or device is no longer in violation of the embargo and the expense of supervision has been paid. [1987, c. 710, §5 (new).]

[1987, c. 710, §5 (new).]

9. Budget. [1995, c. 397, §111 (rp).]

10. Procedure. Except as otherwise provided, the board shall exercise all of its duties, powers and authority in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375. [1987, c. 710, §5 (new).]

11. Exemption. The board may exempt a free clinic from all fees, in whole or in part, required under this chapter. [1999, c. 42, §3 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13724. Fees

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 2: MAINE BOARD OF PHARMACY (HEADING: PL 1987, C. 710, @5 (new); 1997, c. 245, @5 (rpr))

§13724. Fees

The Director of the Office of Licensing and Registration within the Department of Professional and Financial Regulation may establish by rule fees for purposes authorized under this chapter in amounts that are reasonable and necessary for their respective purposes, except that the fee for any one purpose may not exceed $325. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. All fees received by the board must be paid to the Treasurer of State and used to carry out this chapter. Any balance of these fees may not lapse but must be carried forward as a continuing account to be expended for the same purposes in the following years. [2005, c. 262, Pt. B, §3 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13731. Unlawful practice; penalties; injunctions

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 3: LICENSING (HEADING: PL 1987, c. 710, @5 (new))

§13731. Unlawful practice; penalties; injunctions

1. Applicability. It is unlawful for any person to engage in the practice of pharmacy unless licensed to practice under this Act; provided that physicians, dentists, veterinarians or other practitioners of the healing arts who are licensed under the laws of this State may dispense and administer prescription drugs to their patients in the practice of their respective professions where specifically authorized to do so by law. [1987, c. 710, §5 (new).]

2. Authorization to deal with dangerous substances. Practitioners, drug jobbers, drug wholesalers, drug manufacturers, pharmacists and pharmacies registered under this chapter and approved animal shelters as provided in Title 7, section 3913, are authorized to deal professionally with dangerous substances. A dangerous substance is:

A. Any substance listed under the Federal Uniform Controlled Substance Act, sections 1 through 5; or [1987, c. 710, §5 (new).]

B. Anything deemed to be dangerous by the Federal Drug Administration, other federal agency, or the Attorney General of the United States. [1987, c. 710, §5 (new).]

[1987, c. 710, §5 (new).]

3. Violation. Any person who violates this chapter commits a Class E crime and, notwithstanding Title 17-A, section 1301, may be punished by a fine of not more than $1,000. Each violation of each section of this chapter constitutes a separate offense. [1987, c. 710, §5 (new).]

4. Violation; suspension; penalty. For any violation of this chapter, in addition to other disciplinary action which may be taken by the board, the board may suspend the violator's license for up to 90 days or impose a civil penalty of up to $500, or both, for each violation of each section of this chapter. The jurisdiction to suspend a license for up to 90 days shall be concurrent with that of the District Court. [1987, c. 710, §5 (new); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]

5. Action to enjoin. The State may bring an action to enjoin any licensee or person from violating this chapter, regardless of whether proceedings have been or may be instituted in the District Court or whether criminal proceedings have been or may be instituted. [1987, c. 710, §5 (new); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]

6. Fees; fines; forfeitures. [1995, c. 397, §112 (rp).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13732. Qualifications for licensure by examination

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 3: LICENSING (HEADING: PL 1987, c. 710, @5 (new))

§13732. Qualifications for licensure by examination

1. Requirements. To obtain a license to engage in the practice of pharmacy, an applicant for licensure by examination must:

A. Have submitted a written application in the form prescribed by the board together with the required examination and license fee as set under section 13724; [2005, c. 262, Pt. B, §4 (amd).]

B. Have attained the age of 21 years; [1987, c. 710, §5 (new).]

C. Have demonstrated good moral character and temperate habits; [1987, c. 710, §5 (new).]

D. Have graduated and received the first professional undergraduate degree from a pharmacy degree program accredited by the American Council on Pharmaceutical Education or have received a degree from an equivalent program, which has been approved by the board, from a school outside the United States; [1987, c. 710, §5 (new).]

E. Have completed an internship or other program that has been approved by the board or demonstrated, to the board's satisfaction, experience in the practice of pharmacy that meets or exceeds the minimum internship requirement of the board; and [2005, c. 262, Pt. B, §4 (amd).]

F. Have successfully passed an examination approved by the board. [2005, c. 262, Pt. B, §4 (amd).]

G. [2005, c. 262, Pt. B, §5 (rp).]

[2005, c. 262, Pt. B, §§4, 5 (amd).]

2. Examinations. Examinations shall be prepared and administered according to this subsection.

A. The examination shall be prepared to measure the competence of the applicant to engage in the practice of pharmacy. The board may employ and cooperate with any organization or consultant in the preparation and grading of an appropriate examination, but shall retain the sole discretion and responsibility of determining which applicants have successfully passed the examination. [1987, c. 710, §5 (new).]

B. The examination for licensure shall be given by the board at least 2 times during each fiscal year of the State. The board shall determine the content and subject matter of each examination, the place, time and date of administration of the examination and those persons who have successfully passed the examination. [1987, c. 710, §5 (new).]

[1987, c. 710, §5 (new).]

3. Internship and other training programs. Internship and practical experience requirements shall be determined as follows.

A. All applicants for licensure by examination must obtain practical experience in the practice of pharmacy concurrent with or after college attendance under such terms and conditions as the board may determine. [1987, c. 710, §5 (new).]

B. The board shall establish standards for internship or any other program necessary to qualify an applicant for the licensure examination and shall also determine the necessary qualifications of any preceptors used in any internship or other program. [1987, c. 710, §5 (new).]

[1987, c. 710, §5 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13733. Qualifications for licensure by reciprocity

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 3: LICENSING (HEADING: PL 1987, c. 710, @5 (new))

§13733. Qualifications for licensure by reciprocity

1. Requirements. To obtain a license as a pharmacist by reciprocity an applicant for licensure must:

A. Have submitted a written application in the form prescribed by the board together with the required fee as set under section 13724; [2005, c. 262, Pt. B, §6 (amd).]

B. Have attained the age of 21 years; [1987, c. 710, §5 (new).]

C. Have demonstrated good moral character and temperate habits; [1987, c. 710, §5 (new).]

D. Have possessed at the time of initial licensure as a pharmacist such other qualifications necessary to have been eligible for licensure at that time in this State, except that if the state requirement of graduation from a pharmacy degree program accredited by the American Council on Pharmaceutical Education applies, this requirement may be waived for an applicant who, notwithstanding paragraph E, has graduated from a college of pharmacy in the United States prior to June 1, 1985, has engaged in the practice of pharmacy within the United States for a period of at least 5 years within the 10 years immediately preceding the application and who has passed the national pharmacy examination prepared by the National Association of Boards of Pharmacy; [1995, c. 257, §1 (amd).]

E. Have engaged in the practice of pharmacy for a period of at least one year or have met the internship requirements of this State within the one-year period immediately previous to the date of the application; [1987, c. 710, §5 (new).]

F. Have passed the state pharmacy law exam as administered by the board; and [2005, c. 262, Pt. B, §6 (amd).]

G. Have presented to the board proof of initial licensure by examination and proof that the license and any other license or licenses granted to the applicant by any other state or states have not been suspended, revoked, canceled or otherwise restricted for any reason except nonrenewal or the failure to obtain required continuing education credits in any state where the applicant is licensed, but not engaged in the practice of pharmacy. If an otherwise qualified applicant for licensure by reciprocity has had a license suspended, revoked, cancelled or otherwise restricted for any reason, the board may assess the prior disciplinary event and in its discretion issue the license. [2005, c. 262, Pt. B, §7 (amd).]

H. [2005, c. 262, Pt. B, §8 (rp).]

[2005, c. 262, Pt. B, §§6-8 (amd).]

2. Eligibility. No applicant is eligible for licensure by reciprocity unless the state in which the applicant was initially licensed as a pharmacist also grants reciprocal licensure to pharmacists duly licensed by examination in this State under like circumstances and conditions. [1987, c. 710, §5 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13734. Renewal of licenses

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 3: LICENSING (HEADING: PL 1987, c. 710, @5 (new))

§13734. Renewal of licenses

1. Renewal. A license expires on the date set by the Commissioner of Professional and Financial Regulation pursuant to Title 10, section 8003, subsection 4 for the licensing period for which the license was issued. A renewal license is issued for each ensuing licensing period in the absence of any reason or condition that might warrant the refusal to grant a license, upon receipt by the board of the written request of the applicant and the required fee for the license as set under section 13724 and upon the applicant's presenting evidence of compliance with the requirements of section 13735. Licenses may be renewed up to 90 days after the date of expiration upon payment of a late fee as set under section 13724 in addition to a required renewal fee as set under section 13724. Any person who submits an application for renewal more than 90 days after the license renewal date is subject to all requirements governing new applicants under this chapter, including a late fee, renewal fee and filing fee as set under section 13724, except that the board may, giving due consideration to the protection of the public, waive examination if that renewal application is made within 2 years from the date of that expiration. [2005, c. 262, Pt. B, §9 (amd).]

2. Nonactive renewal registration. Every registered pharmacist not practicing pharmacy within this State shall pay, on or before the expiration date as determined by the commissioner, a renewal fee as set under section 13724, in return for which a nonactive renewal registration must be issued. Every registered pharmacist holding a nonactive renewal registration who desires to practice pharmacy in this State is required to submit proof satisfactory to the board that, during the calendar year preceding application for active registration, the pharmacist has participated in not less than 15 hours of approved courses of continuing professional pharmaceutical education as defined in section 13735. The board may make exceptions from the operation of the continuing education requirement of this section in emergency or hardship cases. If any person fails or neglects to procure the annual nonactive renewal registration, notice of that failure having been mailed to that person's last known address by the board, after the expiration of 30 days following the issue of notice, that person's original registration expires. That person, in order to regain registration, is required to pay one renewal fee as set under section 13724 in addition to the sum of all fees that person may be in arrears. [2005, c. 262, Pt. B, §9 (amd).]

3. Fees. [2005, c. 262, Pt. B, §9 (rp).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13735. Continuing pharmacy education

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 3: LICENSING (HEADING: PL 1987, c. 710, @5 (new))

§13735. Continuing pharmacy education

An annual renewal certificate may not be issued by the board until the applicant submits proof satisfactory to the board that, during the calendar year preceding an application for renewal, the applicant has participated in not less than 15 hours of approved courses of continuing professional pharmaceutical education as set out in this section. The continuing professional pharmaceutical educational courses consist of postgraduate studies, institutes, seminars, workshops, lectures, conferences, extension studies, correspondence courses or such other forms of continuing professional pharmaceutical education as may be approved by the board. [1999, c. 130, §8 (amd).] div>
These courses shall consist of subject matter pertinent to the following general areas of professional pharmaceutical education: The socioeconomic and legal aspects of health care; the properties and actions of drugs and dosage forms; and the ideology, characteristics and therapeutics of the disease state. The specific subject matter of the courses may include, but is not limited to, pharmacology, biochemistry, physiology, pharmaceutical chemistry, pharmacy administration, pharmacy jurisprudence, public health and communicable diseases, pharmaceutical marketing, professional practice management, anatomy, histology and such other subject matter as represented in curricula of accredited colleges of pharmacy. The content of each course offered for credit under this continuing professional educational program must be approved in advance of the course by a committee composed of equal representation from the board, hospital pharmacy and retail pharmacy within the State. The number and members of the committee shall be selected by the board and shall serve for a period of 2 years. The board may make exceptions from the operation of this section in emergency or hardship cases. [1987, c. 710, §5 (new).] div>
Each application for approval of a continuing education program or course must be submitted according to the guidelines prescribed by rule by the board, together with a required fee as set under section 13724. [2005, c. 262, Pt. B, §10 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13741. Disciplinary actions

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 4: DISCIPLINE (HEADING: PL 1987, c. 710, @5 (new))

§13741. Disciplinary actions

The board shall investigate civil complaints regarding noncompliance with or violation of this chapter or of any rules adopted by the board. [1987, c. 710, §5 (new).] div>
The board shall notify the licensee of the content of a complaint filed against the licensee as soon as possible, but in no event later than within 60 days of receipt of this information. The licensee shall respond within 30 days. If the licensee's response to the complaint satisfies the board that the complaint does not merit further investigation or action, the matter may be dismissed, with notice of the dismissal to the complainant, if any. [1987, c. 710, §5 (new).] div>
If, in the opinion of the board, the factual basis of the complaint is or may be true and the complaint is of sufficient gravity to warrant further action, the board may request an informal conference with the licensee. The board shall provide the licensee with adequate notice of the conference and of the issues to be discussed. The conference may be conducted in executive session of the board, pursuant to Title 1, section 405. Statements made at the conference may not be introduced at a subsequent formal hearing unless all parties consent. [1999, c. 130, §9 (amd).] div>
If the board finds that the factual basis of the complaint is true and is of sufficient gravity to warrant further action, it may take any of the following actions it deems appropriate as set forth in Title 10, section 8003, subsection 5 and including: [1987, c. 710, §5 (new).]

1. Warning. Warning, censuring or reprimanding the licensee; [1987, c. 710, §5 (new).]

2. Consent agreement. With the consent of the licensee, entering into a consent agreement which fixes the period and terms of probation best adapted to protect the public health and safety and to rehabilitate or educate the licensee. A consent agreement may be used to terminate a complaint investigation if entered into by the board, the licensee and the Attorney General's office; [1987, c. 710, §5 (new).]

3. Negotiate stipulations. In consideration for acceptance of a voluntary surrender of the license, negotiating stipulations, including terms and conditions for reinstatement which ensure protection of the public health and safety and which serve to rehabilitate or educate the licensee. These stipulations shall be set forth only in a consent agreement signed by the board, the licensee and the Attorney General's office; or [1987, c. 710, §5 (new).]

4. Adjudicatory hearing. If the board concludes that modification or nonrenewal of the license might be in order, holding an adjudicatory hearing in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV. [1987, c. 710, §5 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13742. Grounds for discipline

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 4: DISCIPLINE (HEADING: PL 1987, c. 710, @5 (new))

§13742. Grounds for discipline

1. Suspension or revocation. The board may suspend or revoke a license, pursuant to Title 5, section 10004. [1987, c. 710, §5 (new).]

2. Grounds for action. The following are grounds for discipline, for an action to refuse to issue a modification of the license or for refusal to renew the license of a person licensed under this chapter:

A. The practice of fraud or deceit in obtaining a license under this chapter or in connection with service rendered within the scope of the license issued; [1987, c. 710, §5 (new).]

B. Habitual substance abuse that has resulted or is forseeably likely to result in the licensee performing duties in a manner that endangers the health or safety of patients; [1993, c. 600, Pt. A, §272 (amd).]

C. A professional diagnosis of a mental or physical condition that has resulted or may result in the licensee performing duties in a manner that endangers the health or safety of the patients; [1999, c. 130, §10 (amd).]

D. Aiding or abetting the practice of pharmacy by a person not duly licensed under this chapter and who was represented as duly licensed; [1987, c. 710, §5 (new).]

E. Incompetence in the practice for which the licensee is licensed. A licensee is incompetent in the practice if the licensee has:

(1) Engaged in conduct that evidences a lack of ability or fitness to discharge the duty owed by the licensee to a client, patient or the general public; or

(2) Engaged in conduct that evidences a lack of knowledge or inability to apply principles or skills to carry out the practice for which the licensee is licensed;
[1999, c. 130, §10 (amd).]

F. 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; [1999, c. 130, §10 (amd).]

G. Subject to the limitations of Title 5, chapter 341, conviction of a crime that involves dishonesty or false statement or that relates directly to the practice for which the licensee is licensed or conviction of any crime for which incarceration for one year or more may be imposed; [1999, c. 130, §10 (amd).]

H. Engaging in false, misleading or deceptive advertising; or [1987, c. 710, §5 (new).]

I. Any violation of this Act or of any rule adopted by the board. [1987, c. 710, §5 (new).]

[1999, c. 130, §10 (amd).]

3. Crime in course of business. If any registered pharmacist is convicted in state or federal court of a crime which is committed during the course of duties performed as a registered pharmacist or committed through the use of the pharmacy in which the pharmacist is employed, or which the pharmacist owns or operates, and which demonstrates unfitness to practice as a pharmacist, including, but not limited to, convictions for defrauding the Medicaid program and for illegally distributing prescription drugs, the pharmacist's license is subject to suspension or revocation as set forth in section 13741. [1987, c. 710, §5 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13743. Penalties and reinstatement

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 4: DISCIPLINE (HEADING: PL 1987, c. 710, @5 (new))

§13743. Penalties and reinstatement

1. Penalties. Upon finding grounds for discipline of any person holding a license or seeking a license or a renewal of a license under this chapter, the board may take one or more of the following actions:

A. Request the Attorney General's office to institute appropriate judicial proceedings which may lead to suspension or revocation of license; [1987, c. 710, §5 (new).]

B. Restrict the offender's license to prohibit the offender from performing certain acts or engaging in the practice of pharmacy in a particular manner for a term to be determined by the board; or [1987, c. 710, §5 (new).]

C. Hold an adjudication hearing which may result in:

(1) Refusal to renew offender's license; or

(2) Placement of the offender on probation and supervision by the board for a period to be determined by the board.
[1987, c. 710, §5 (new).]

[1987, c. 710, §5 (new).]

2. Reinstatement. Any person whose license to practice pharmacy in this State has been suspended, revoked or restricted pursuant to this chapter, whether voluntarily or by action of the board, may at reasonable intervals petition the board for reinstatement of the license. The petition must be made in writing in a form prescribed by the board. Upon investigation and hearing, the board may grant or deny the petition or it may modify its original finding to reflect any circumstances which have changed sufficiently to warrant those modifications. [1987, c. 710, §5 (new).]

3. Criminal prosecutions. Nothing in this chapter bars criminal prosecution for any violation of this chapter where that violation is a criminal offense under the laws of this State or of the United States. [1987, c. 710, §5 (new).]

4. Judicial review. All final decisions by the board are subject to judicial review pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375. [1987, c. 710, §5 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13751. Registration

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 5: REGISTRATION OF FACILITIES (HEADING: PL 1987, c. 710, @5 (new))

§13751. Registration

1. Registration. All drug outlets, manufacturers, wholesalers and mail order contact lens suppliers shall annually register with the board. [1997, c. 117, §10 (amd).]

2. Classifications. Drug outlets shall be registered in classifications set out in this subsection. Each drug outlet must apply for a certificate of registration in one of the following classifications:

A. Retail drug outlet; [1987, c. 710, §5 (new).]

B. Mail order prescription drug outlet; [1987, c. 710, §5 (new).]

C. Wholesale drug outlet; [1999, c. 42, §4 (amd).]

D. Rural health center; or [1999, c. 42, §4 (amd).]

E. Free clinic. [1999, c. 42, §5 (new).]

[1999, c. 42, §§4, 5 (amd).]

3. Rules. The board shall establish by rule the criteria which each drug outlet must meet to qualify for registration in each classification designated in subsection 2. The board may issue various types of certificates with varying restrictions to the outlets referred to in subsection 2, paragraph A when the board determines it necessary by reason of the type of drug outlet requesting a certificate. [1987, c. 710, §5 (new).]

3-A. Mail order contact lens suppliers. In order to meet the board's minimum licensure requirements, a mail order contact lens supplier must:

A. Apply for a license, if filling contact lens prescriptions by mail or carrier for a patient that resides in this State; [2005, c. 262, Pt. B, §11 (amd).]

B. Pay a license fee, as set under section 13724; [2005, c. 262, Pt. B, §11 (amd).]

C. Provide the name and address of the owner, partners or corporation and its officers; [1997, c. 117, §11 (new).]

D. Fill only written contact lens prescriptions containing expiration dates that do not exceed 24 months from the date of issue; [1997, c. 117, §11 (new).]

E. Maintain a record of every contact lens prescription filled for a period of 5 years; and [1997, c. 117, §11 (new).]

F. Supply, upon request, all information needed by the board to ensure compliance with this subchapter. [1997, c. 117, §11 (new).]

The board may adopt rules establishing additional licensure requirements and disciplinary actions for violation of this subchapter and board rules. Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A. [2005, c. 262, Pt. B, §11 (amd).]

4. Nonprescription drugs. It shall be lawful for a person to sell and distribute nonprescription drugs. Any person engaging in the sale and distribution of those items shall not be deemed to be improperly engaged in the practice of pharmacy. No rule may be adopted by the board under this Act which requires the sale of nonprescription drugs by a licensed pharmacist or under the supervision of a licensed pharmacist or otherwise applies to or interferes with the sale and distribution of those medicines. [1987, c. 710, §5 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13752-A. Site inspection required

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 5: REGISTRATION OF FACILITIES (HEADING: PL 1987, c. 710, @5 (new))

§13752-A. Site inspection required

1. Opening facility. Successful applicants for registration of a drug outlet pursuant to this subchapter may open and operate the approved facility only:

A. Upon the completion of a site inspection of the facility by a member of the board or an inspector for the board; or [1999, c. 130, §12 (new).]

B. Upon the pharmacist in charge certifying to the board, on forms prescribed by the board, that the facility is secure, suitable for operation as a drug outlet and in compliance with applicable federal and state laws, rules and regulations governing the practice of pharmacy. [1999, c. 130, §12 (new).]

[1999, c. 130, §12 (new).]

2. Facility inspection. Registered drug outlets that open and operate pursuant to subsection 1, paragraph B must be inspected by a member of the board or an inspector for the board within 30 days of opening. Facilities that are found to be insecure, not suitable for operation as a drug outlet or not in compliance with applicable federal and state laws, rules and regulations governing the practice of pharmacy are subject to a board-ordered emergency revocation of registration. The outlet may not operate after revocation. The emergency revocation is a final agency action and is not subject to judicial review, but a new application for registration may be submitted pursuant to section 13752, and if approved, a site inspection must be performed pursuant to subsection 1, paragraph A. [1999, c. 130, §12 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13752. Application

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 5: REGISTRATION OF FACILITIES (HEADING: PL 1987, c. 710, @5 (new))

§13752. Application

1. Procedures. The board shall specify by rule the registration procedures to be followed, including, but not limited to, specification of forms for use in applying for registration and the times and places for filing an application. [2005, c. 262, Pt. B, §12 (amd).]

2. Required information. Applications for certificates of registration must include the required fee as set under section 13724 and the following information about the proposed drug outlet and pharmacist in charge:

A. Ownership of the outlet; [1999, c. 130, §11 (amd).]

B. Location of the outlet; [1999, c. 130, §11 (amd).]

C. Identity of the pharmacist licensed to practice in the State who will be the pharmacist in charge of the drug outlet, when one is required by this chapter, and such further information as the board may determine necessary. A pharmacist may be the pharmacist in charge for only one drug outlet, except upon the pharmacist applying for and receiving written authorization from the board. The position of pharmacist in charge may not be held by a qualified assistant pharmacist; and [1999, c. 130, §11 (amd).]

D. A certification by the pharmacist identified as the pharmacist in charge that the pharmacist has read and understands the requirements and duties of a pharmacist in charge set forth in board rules. [1999, c. 130, §11 (new).]

[2005, c. 262, Pt. B, §13 (amd).]

3. Transferability. Certificates of registration issued by the board pursuant to this chapter are not transferable or assignable. [1987, c. 710, §5 (new).]

4. Professional responsibility. The board shall specify by rule minimum standards for the professional responsibility in the conduct of any drug outlet that has employees or personnel engaged in the practice of pharmacy. The board may require that the portion of the facility to which the certificate of registration applies be operated only under the direct supervision of no less than one pharmacist licensed to practice in this State and not otherwise and to provide such other special requirements as necessary. A change in the pharmacist in charge who is responsible for the drug outlet must be reported to the board together with the required fee as set under section 13724. [2005, c. 262, Pt. B, §14 (amd).]

5. Minimum inventory. The board shall ascertain that the applicant has a sufficient amount of prescription inventory on location to respond appropriately to prescription orders. [1987, c. 710, §5 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13753. Notifications

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 5: REGISTRATION OF FACILITIES (HEADING: PL 1987, c. 710, @5 (new))

§13753. Notifications

1. Changes. All registered drug outlets shall report to the board, by registered mail, the occurrence of any of the following changes:

A. Permanent closing which requires 14 days' prior notice to the public and to the board; [1987, c. 710, §5 (new).]

B. Change of ownership which requires 7 days' prior notice to the board; [1987, c. 710, §5 (new).]

C. Change of pharmacist in charge which requires notice no later than 7 days after the change; and [1987, c. 710, §5 (new).]

D. Any other matters and occurrences as the board may require by rule. [1987, c. 710, §5 (new).]

[1987, c. 710, §5 (new).]

2. Other reportable events. Disasters, accidents and emergencies which may affect the strength, purity or labeling of drugs, medications, devices or other materials used in the diagnosis or the treatment of injury, illness and disease shall be immediately reported to the board. [1987, c. 710, §5 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13754. Violations and penalties

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 5: REGISTRATION OF FACILITIES (HEADING: PL 1987, c. 710, @5 (new))

§13754. Violations and penalties

1. Unlawful conduct. No drug outlet registered pursuant to section 13751 may be operated until a certificate of registration has been issued to that facility by the board. Upon the finding of a violation of this section, the board may impose one or more of the penalties enumerated in section 13731 or 13743. [1987, c. 710, §5 (new).]

2. Reinstatement. Reinstatement of a certificate that has been suspended, revoked or restricted by the board may be granted in accordance with the procedures specified by section 13743, subsection 2. [1987, c. 710, §5 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13758. Registration

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 6: MANUFACTURERS AND WHOLESALERS WITHOUT FACILITIES IN THIS STATE (HEADING: PL 1987, c. 710, @5 (new))

§13758. Registration

1. Purpose; statement of intent. The purpose of this section is to require registration of manufacturers and wholesalers without facilities in this State. The intent of the Legislature is that the board shall not promulgate rules regarding companies without wholesale facilities or manufacturers' facilities located in this State which are more restrictive than federal law or regulation. [1987, c. 710, §5 (new).]

2. Registration, manufacturers and wholesalers. All manufacturers and wholesalers whose products are distributed in the State in any manner shall register with the board. [1997, c. 245, §11 (amd).]

3. Registration, individuals. No individual who is employed by a manufacturer or wholesaler which is registered under this subchapter need register under this subchapter. [1987, c. 710, §5 (new).]

4. Form. Registration forms shall state: Applicant's name; address; day phone; 24-hour phone; ownership status; manufacturer or wholesaler designation; Drug Enforcement Agency and Federal Drug Administration numbers; and date executed. Registration forms shall be executed by an owner or officer of the entity, providing printed name and title. [1989, c. 502, Pt. B, §75 (amd).]

5. Fees. Each registrant shall pay a required fee as set under section 13724. [2005, c. 262, Pt. B, §15 (amd).]

6. Violations. It shall be unlawful for manufacturers or wholesale companies to distribute prescription drugs in this State unless registered under the provisions of this subchapter or subchapter V. [1987, c. 710, §5 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13761. Definitions

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 7: SERVICES AT RURAL HEALTH CENTERS (HEADING: PL 1987, c. 710, @5 (new))

§13761. Definitions

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [1987, c. 710, §5 (new).]

1. Pharmacy provider. "Pharmacy provider" means a pharmacy licensed in this State participating with a rural health center under this subchapter. [1993, c. 716, §2 (amd).]

2. Rural community health center. [1993, c. 716, §3 (rp).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13762. Center to be licensed

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 7: SERVICES AT RURAL HEALTH CENTERS (HEADING: PL 1987, c. 710, @5 (new))

§13762. Center to be licensed

1. License required. A rural health center that desires to contract for pharmaceutical services with a pharmacy shall submit an application together with the required fee as set under section 13724. The board may adopt rules that are no more restrictive than those regulating private pharmacy practice in the State. A rural health center is eligible for licensure under this subchapter if:

A. It serves a rural area without a pharmacy; [1993, c. 716, §4 (new).]

B. It is located in a community where available pharmacy services can not meet the documented need; or [1993, c. 716, §4 (new).]

C. It requires a license in order to receive pharmaceutical discounts authorized by the federal Veterans' Health Care Act of 1992, Title VI. [1993, c. 716, §4 (new).]

[2005, c. 262, Pt. B, §16 (amd).]

2. Renewal. A license expires on the date set by the Commissioner of Professional and Financial Regulation pursuant to Title 10, section 8003, subsection 4 for the licensing period for which the license was issued. A renewal license is issued for each ensuing licensing period in the absence of any reason or condition that might warrant the refusal to grant a license and upon receipt by the board of the written request of the applicant and the required fee for the license as set under section 13724. Licenses may be renewed up to 90 days after the date of expiration upon payment of a late fee in addition to a required fee, both of which are set under section 13724. Any person who submits an application for renewal more than 90 days after the license renewal date is subject to all requirements governing new applicants under this chapter, including a late fee, renewal fee and filing fee as set under section 13724. [2005, c. 262, Pt. B, §17 (amd).]

3. Notice. Any rural health center wishing to be licensed under this subchapter shall notify the board of its intent to establish a contract with a pharmacy for pharmaceutical services and shall apply for a license, submit floor plans of the physical plant and pay a required fee as set under section 13724. The application must include the name, address and registration number of the provider of pharmaceutical services. [2005, c. 262, Pt. B, §18 (amd).]

4. Board action. The board shall approve or disapprove of the application within 60 days of receipt and shall notify the applicant in writing of its decision and the reason for the decision. [1987, c. 710, §5 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13763. Scope of license

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 7: SERVICES AT RURAL HEALTH CENTERS (HEADING: PL 1987, c. 710, @5 (new))

§13763. Scope of license

A licensee under this subchapter shall comply with section 13784; section 13785, subsections 1 to 7; and any applicable rules adopted by the board. No licensee may refill a prescription and all orders must be treated as new orders. In all other respects, notwithstanding any other provision of law, a licensee may provide pharmaceutical services under this subchapter subject to section 13764. A licensee may purchase drugs. [1993, c. 716, §5 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13764. Rules

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 7: SERVICES AT RURAL HEALTH CENTERS (HEADING: PL 1987, c. 710, @5 (new))

§13764. Rules

The board shall adopt rules in conformity with the Maine Administrative Procedure Act, Title 5, chapter 375, to carry out the purposes of this subchapter. [1987, c. 710, §5 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13771. Short title

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 8: THIRD-PARTY PRESCRIPTION PROGRAM ACT (HEADING: PL 1987, c. 710, @5 (new))

§13771. Short title

This subchapter shall be known and may be cited as the "Third-party Prescription Program Act." [1987, c. 710, §5 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13772. Definitions

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 8: THIRD-PARTY PRESCRIPTION PROGRAM ACT (HEADING: PL 1987, c. 710, @5 (new))

§13772. Definitions

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [1987, c. 710, §5 (new).]

1. Third-party prescription program. "Third-party prescription program" means any system of providing for the reimbursement of pharmaceutical goods and services under a contractual arrangement or agreement between a provider of goods and services and another party who is not the consumer of those goods and services. These programs include, but are not limited to, insurance plans which provide coverage for prescription drugs or other pharmaceutical services. [1987, c. 710, §5 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13773. Notice

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 8: THIRD-PARTY PRESCRIPTION PROGRAM ACT (HEADING: PL 1987, c. 710, @5 (new))

§13773. Notice

A 3rd-party prescription program may not be instituted in this State until the program provider has filed written notice of the provisions of the program with the Superintendent of Insurance and the board and given written notice to all pharmacies that are located within the counties covered by the program at least 30 days prior to the commencement of the program. In the case of chain or branch pharmacies, the notice must be given to the main office or headquarters. These pharmacies have 30 days from the date of notice to enroll in the program. [1997, c. 245, §12 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13774. Denial of payment

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 8: THIRD-PARTY PRESCRIPTION PROGRAM ACT (HEADING: PL 1987, c. 710, @5 (new))

§13774. Denial of payment

No program administrator may deny to any pharmacy payment for services which may have resulted from the fraudulent or illegal use of an identification card by any person, unless the pharmacy has been notified that the card has been canceled or discontinued and that the program administrator has been unsuccessful in attempting to regain possession of the card. [1987, c. 710, §5 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13775. Reimbursement rates

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 8: THIRD-PARTY PRESCRIPTION PROGRAM ACT (HEADING: PL 1987, c. 710, @5 (new))

§13775. Reimbursement rates

A 3rd-party prescription program is prohibited from charging a pharmacy a registration fee or other fixed charge, either annually or otherwise, except in cases where a charge is necessary to specifically cover any equipment, forms or materials required by the program. [1987, c. 710, §5 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13776. Contract renewal and changes

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 8: THIRD-PARTY PRESCRIPTION PROGRAM ACT (HEADING: PL 1987, c. 710, @5 (new))

§13776. Contract renewal and changes

Any changes in benefits or provisions in any contract may not be made unilaterally by either the program administrator or the pharmacy. Any change in a contract offered to one pharmacy shall be offered to all the state pharmacies participating in the program. [1987, c. 710, §5 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13777. Exceptions

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 8: THIRD-PARTY PRESCRIPTION PROGRAM ACT (HEADING: PL 1987, c. 710, @5 (new))

§13777. Exceptions

This Act does not apply to any medical assistance or public health programs administered by the Department of Health and Human Services, including, but not limited to, the Medicaid program and the Low Cost Drug Program; to any employee benefit plan that is subject to the Employee Retirement Income Security Act of 1974, 29 United States Code, Section 1001, et seq.; and to any 3rd-party prescription programs administered in accordance with and subject to the limitations of the former Nonprofit Service Organizations Preferred Provider Arrangement Act of 1985, Title 24, chapter 19, subchapter II, or the Preferred Provider Arrangement Act, Title 24-A, chapter 32. [1999, c. 790, Pt. A, §39 (amd); 2003, c. 689, Pt. B, §6 (rev).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13781. Generic and therapeutically equivalent substitution

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 9: MISCELLANEOUS PROVISIONS (HEADING: PL 1987, c. 710, @5 (new))

§13781. Generic and therapeutically equivalent substitution

A written prescription issued by a practitioner in this State may contain a box in the lower right-hand corner of the prescription form. The following words must appear to the left of this box: "Any drug which is the generic and therapeutic equivalent of the drug specified above in this prescription must be dispensed, provided that no check mark ( ) has been handwritten in the box in the lower right-hand corner." [2003, c. 384, §1 (amd).] div>
Any pharmacist receiving a prescription in which no handwritten check mark ( ) is found in the box provided shall substitute a generic and therapeutically equivalent drug for the drug specified on the prescription if the substituted drug is distributed by a business entity doing business in the United States that is subject to suit and the service of legal process in the United States and the price of the substituted drug does not exceed the price of the drug specified by the practitioner; except that, when the cost of a prescription is to be reimbursed under the MaineCare program pursuant to Title 22, chapter 855, the pharmacist shall substitute a generic and therapeutically equivalent drug only when the Department of Health and Human Services has determined that the substitute drug would be a more cost-effective alternative than the drug prescribed by the practitioner. [2003, c. 384, §1 (amd); c. 689, Pt. B, §6 (rev).] div>
If a written prescription issued by a practitioner in this State does not contain the box described in this section, a pharmacist shall substitute a generic and therapeutically equivalent drug for the drug specified on the prescription if the substituted drug is distributed by a business entity doing business in the United States that is subject to suit and the service of legal process in the United States and the price of the substituted drug does not exceed the price of the drug specified by the practitioner, unless a practitioner has handwritten on the prescription form, along with the practitioner's signature, "dispense as written," "DAW," "brand," "brand necessary" or "brand medically necessary"; except that, when the cost of a prescription is to be reimbursed under the MaineCare program pursuant to Title 22, chapter 855, the pharmacist shall substitute a generic and therapeutically equivalent drug only when the Department of Health and Human Services has determined that the substitute drug would be a more cost-effective alternative than the drug prescribed by the practitioner. [2003, c. 384, §1 (amd); c. 689, Pt. B, §6 (rev).] div>
Any pharmacist who substitutes a generic and therapeutically equivalent drug under this section shall inform the person to whom the drug is dispensed of the substitution. When any substitution is made under this section, the pharmacist shall cause the name of the generic and therapeutically equivalent drug, the name or abbreviation of the drug manufacturer or distributor of that substitute drug and all other information as required by section 13794 to appear on the container label of the drug dispensed. [1987, c. 710, §5 (new).] div>
This section does not apply to prescriptions ordered by practitioners for patients in hospitals when those prescriptions are filled by a hospital pharmacy or in any institution where a formulary system is established. [1987, c. 710, §5 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13782-A. Price disclosure

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 9: MISCELLANEOUS PROVISIONS (HEADING: PL 1987, c. 710, @5 (new))

§13782-A. Price disclosure

1. Price disclosure required. A pharmacist or pharmacy technician employed by a drug outlet shall disclose upon the request of any person making an inquiry in person or by telephone the price of any brand or generic drug sold by that drug outlet. [1997, c. 245, §15 (new).]

2. Information required for price disclosure. In order to have sufficient information to disclose a prescription price, a pharmacist or pharmacy technician may ask the person making the inquiry for the following information:

A. The brand or generic name of the medication; [1997, c. 245, §15 (new).]

B. The dose or strength of the medication, if applicable; or [1997, c. 245, §15 (new).]

C. The quantity of the medication. [1997, c. 245, §15 (new).]

[1997, c. 245, §15 (new).]

3. Information not provided. If the inquiring person can not provide some or all of the information in subsection 2 and this information is necessary for the requested price to be determined, then the pharmacist or pharmacy technician may contact the prescribing practitioner in order to obtain the necessary information prior to disclosing the prescription price. [1997, c. 245, §15 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13782. Advertising

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 9: MISCELLANEOUS PROVISIONS (HEADING: PL 1987, c. 710, @5 (new))

§13782. Advertising

It is lawful for any pharmacy, pharmacist or other licensee of the board to advertise to the public the current retail price charged for any drugs, medicines or appliances as defined in the United States Code, Title 21, Section 3211 (g) (1) which bears the legend "Caution: Federal law prohibits dispensing without prescription." The advertising may be according to either the brand name or the generic name of the drug. No media advertising of any drugs included in the United States Comprehensive Drug Abuse Prevention and Control Act of 1970, 84 Stat. 1236, is permitted. [1987, c. 710, §5 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13783. Posting prices (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 9: MISCELLANEOUS PROVISIONS (HEADING: PL 1987, c. 710, @5 (new))

§13783. Posting prices (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13784. Patient information regulation

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 9: MISCELLANEOUS PROVISIONS (HEADING: PL 1987, c. 710, @5 (new))

§13784. Patient information regulation

1. Explanation by pharmacist. With each new prescription dispensed, the pharmacist, in addition to labeling the prescription in accordance with the requirements of the State, must orally explain to the patient or the patient's agent the directions for use and any additional information, in writing if necessary, to assure the proper utilization of the medication or device prescribed. For those prescriptions delivered outside the confines of the pharmacy, the explanation shall be by telephone or in writing. This section does not apply to those prescriptions for patients in hospitals or institutions where the medication is to be administered by a nurse or other individual licensed to administer medications or to those prescriptions for patients who are to be discharged from a hospital or institution. [1987, c. 710, §5 (new).]

2. Maintenance of current reference material. To ensure that proper information is available to each pharmacist, each pharmacy or pharmacist shall maintain current reference material on drug interactions. [1987, c. 710, §5 (new).]

3. Retail price. With each prescription dispensed, the pharmacist shall disclose to the patient in writing the usual and customary price of the prescription and the cost of any payment toward the price required of the patient. [2003, c. 375, §1 (new); RR 2003, c. 2, §120 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13785. Patient profile record system regulation

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 9: MISCELLANEOUS PROVISIONS (HEADING: PL 1987, c. 710, @5 (new))

§13785. Patient profile record system regulation

A patient profile record system shall be maintained in all pharmacies for persons for whom prescriptions are dispensed. The patient profile record system shall be devised to enable the immediate retrieval of information necessary for the dispensing pharmacist to identify previously dispensed medication at the time a prescription is presented for dispensing. One profile record or document may be maintained for all members of a family living at the same address and possessing the same family name. The following information shall be recorded: [1987, c. 710, §5 (new).]

1. Name. The family name and the first name of the person for whom the medication is intended; [1987, c. 710, §5 (new).]

2. Address. The address to correspond to the name in subsection 1; [1987, c. 710, §5 (new).]

3. Age group. An indication of the patient's age group, that is, infant, child or adult; [1987, c. 710, §5 (new).]

4. Original date of dispensing. The original date the medication is dispensed pursuant to the receipt of a practitioner's prescription; [1987, c. 710, §5 (new).]

5. Prescription identification. The number or designation identifying the prescription; [1987, c. 710, §5 (new).]

6. Prescriber's name. The name of the person prescribing the drug or device; [1987, c. 710, §5 (new).]

7. Drug information. The name, strength and quantity of the drug; and [1987, c. 710, §5 (new).]

8. Initials of pharmacist; date of refill. The initials of the dispensing pharmacist and the date of dispensing the medication as a renewal or refill, if those initials and that date are not recorded on the back of the original prescription. [1987, c. 710, §5 (new).]
div>
The pharmacist shall attempt to ascertain and shall record any allergies and idiosyncrasies of the patient and any chronic conditions which may relate to drug utilization as communicated to the pharmacy by the patient. [1987, c. 710, §5 (new).] div>
Upon receipt of a prescription, a pharmacist shall examine the patient's profile record before dispensing the medication to determine the possibility of a harmful drug interaction or reaction. Upon recognizing a potentially harmful reaction or interaction, the pharmacist shall take appropriate action to avoid or minimize the problem which may include consultation with the practitioner. [1987, c. 710, §5 (new).] div>
A patient profile record must be maintained for a period of not less than the amount of time required under federal Medicare laws, beginning from the date of the last entry in the profile record. As used in this section, "Medicare" means the Health Insurance for the Aged Act, Title XVIII of the Social Security Amendments of 1965, as amended. [1999, c. 130, §13 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13786-A. Security requirements; rules

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 9: MISCELLANEOUS PROVISIONS (HEADING: PL 1987, c. 710, @5 (new))

§13786-A. Security requirements; rules

1. Rules. The Department of Public Safety, after consultation with the Board of Osteopathic Licensure, the Board of Licensure in Medicine and the Board of Pharmacy, shall adopt rules that establish security requirements for all written prescriptions for schedule II drugs issued by health care providers. For purposes of this section, "schedule II drug" has the same meaning as in the federal Controlled Substances Act of 1970, 21 United States Code, Section 812. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter II-A and must be brought back for review by the joint standing committee of the Legislature having jurisdiction over criminal justice matters during the 2nd Regular Session of the 120th Legislature. The rules must include a procedure to obtain a waiver for prescription blanks that provide substantially equivalent protection against forgery. The rules must deal with the following subjects:

A. Measures designed to prevent unauthorized copying of a completed or blank prescription form; [2001, c. 419, §23 (new).]

B. Measures designed to prevent the erasure or modification of information written on the prescription by the prescribing health care provider; and [2001, c. 419, §23 (new).]

C. Measures to prevent the use of counterfeit prescription forms. [2001, c. 419, §23 (new).]

[2001, c. 419, §23 (new).]

2. Out-of-state prescription security requirements. Notwithstanding any law or rule to the contrary, a prescription for a schedule II drug written by an out-of-state practitioner on a prescription blank that does not comply with the requirements for a security prescription blank, as defined in the Department of Public Safety rule pursuant to subsection 1, may be filled by a pharmacist only if:

A. The pharmacist receives and makes a record of oral confirmation of the validity of the prescription from the out-of-state practitioner or the practitioner's agent and the pharmacist makes a reasonable effort to determine that the oral confirmation came from the practitioner or the practitioner's agent, which may include a telephone call to the practitioner's telephone number listed in a telephone directory or other directory or other good faith efforts to confirm the identity of the person giving the oral confirmation; and [2003, c. 326, §1 (new).]

B. The pharmacist demands, inspects and records a valid photographic identification from any person presenting a prescription or receiving a filled prescription unless:

(1) The person is the patient for whom the prescription is written;

(2) The person's identity is personally known to the pharmacist; and

(3) The pharmacist confirms by reviewing the pharmacy records that the pharmacist has previously demanded, inspected and recorded a valid photographic identification from the person.
[2003, c. 326, §1 (new).]

[2003, c. 326, §1 (new).]

3. Valid photographic identification. For the purposes of subsection 2, a valid photographic identification is limited to the following:

A. A valid Maine motor vehicle operator's license; [2003, c. 326, §1 (new).]

B. A valid Maine identification card issued under Title 29-A, section 1410; [2003, c. 326, §1 (new).]

C. A valid United States passport; or [2003, c. 326, §1 (new).]

D. A valid passport or motor vehicle operator's license of another state, territory or possession of the United States or a foreign country only if it:

(1) Contains a photograph of the person presenting the prescription;

(2) Is encased in tamper-resistant plastic or is otherwise tamper-resistant; and

(3) Identifies the date of birth of the person presenting the prescription.
[2003, c. 326, §1 (new).]

[2003, c. 326, §1 (new).]

4. Partial filling of out-of-state prescriptions. The partial filling of a prescription for a schedule II drug written by an out-of-state practitioner on a prescription blank that does not comply with the requirements for a security prescription blank, as defined in the Department of Public Safety rule pursuant to subsection 1, is permissible if the pharmacist is unable after reasonable effort to obtain the oral confirmation described in subsection 2 in the case of the practitioner's office being closed during nights, weekends or holidays. The partial filling is limited to a 72-hour supply of the controlled substance. The remaining portion of the prescription may be filled within the 72-hour period upon obtaining the oral confirmation. No further quantity may be filled beyond the 72 hours without a new prescription. [2003, c. 326, §1 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13786. Identification of persons prescribing medicines on hospital prescription blanks

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 9: MISCELLANEOUS PROVISIONS (HEADING: PL 1987, c. 710, @5 (new))

§13786. Identification of persons prescribing medicines on hospital prescription blanks

Any practitioner who writes a prescription upon a prescription blank of a hospital or clinic shall sign that practitioner's name and cause that name to be printed, stamped or typed on the blank. [1987, c. 710, §5 (new).] div>
This section applies to any physician's assistant or registered nurse who writes a prescription while working under the control or supervision of a physician. In case of the physician's assistant or registered nurse, the name of the physician under whom the assistant or nurse works shall be printed, stamped or typed on the blank. [1987, c. 710, §5 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13787-A. Sale of hypodermic apparatus

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 9: MISCELLANEOUS PROVISIONS (HEADING: PL 1987, c. 710, @5 (new))

§13787-A. Sale of hypodermic apparatus

1. Authorized seller. A hypodermic apparatus, as defined in Title 17-A, section 1101, subsection 2, may be sold only by a manufacturer or dealer of embalming supplies, manufacturer or dealer of medical or dental supplies, wholesale druggist, manufacturing pharmacist, pharmacist, veterinarian, agricultural supply store or manufacturer of surgical instruments. [1993, c. 394, §2 (new).]

2. Purchaser. Any person who is 18 years of age or older may purchase a hypodermic apparatus from a seller described in subsection 1. [1993, c. 394, §2 (new).]

3. Criminal immunity. Immunity from criminal prosecution is governed by the following.

A. A seller described in subsection 1 is "expressly authorized" within the meaning of Title 17-A, section 1110, subsection 1-B, paragraph A. [2003, c. 688, Pt. A, §39 (amd).]

B. A seller described in subsection 1 or a purchaser described in subsection 2 is "expressly authorized" within the meaning of Title 17-A, section 1111, subsection 1, paragraph A. [1993, c. 394, §2 (new).]

[2003, c. 688, Pt. A, §39 (amd).]

4. Immunity limited. This section does not limit prosecution for violation of any law prohibiting or regulating the use, possession, dispensing, distribution or promotion of controlled substances, scheduled drugs or drug paraphernalia. [1993, c. 394, §2 (new).]

5. Medicaid not affected. This section does not diminish, expand or otherwise affect Medicaid reimbursement for hypodermic apparatuses. [1993, c. 394, §2 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13787. Hypodermic syringes; prescriptions (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 9: MISCELLANEOUS PROVISIONS (HEADING: PL 1987, c. 710, @5 (new))

§13787. Hypodermic syringes; prescriptions (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13788. Sale of poisonous drugs

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 9: MISCELLANEOUS PROVISIONS (HEADING: PL 1987, c. 710, @5 (new))

§13788. Sale of poisonous drugs

Each licensed pharmacist who sells a poison shall affix to the package sold a label plainly marked with the name and address of the store and the word "POISON" and the name of the poison sold, and shall enter at the time of sale in a permanently bound book to be kept for that purpose the name and address of the purchaser, the date of sale, the name of the poison and the quantity sold and the person making the sale shall sign the entry. This section shall not apply to sales on prescription of practitioners, sales at wholesale to pharmacists or sales to hospitals, colleges or public institutions. [1987, c. 710, §5 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13789. Possession of drug samples

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 9: MISCELLANEOUS PROVISIONS (HEADING: PL 1987, c. 710, @5 (new))

§13789. Possession of drug samples

No person may purchase manufacturers' drug samples from any person for purposes of resale. If those samples are given gratuitously to a registered pharmacist, qualified assistant pharmacist or medical practitioner, any such sample may be given to any person, provided that any such sample is kept in containers suitably labeled to conform to the Federal Food and Drug Act and the state food and drug laws and provided that this gift shall be subject to the laws relating to the sale of drugs. [1987, c. 710, §5 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13790. Using drugs not in prescription

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 9: MISCELLANEOUS PROVISIONS (HEADING: PL 1987, c. 710, @5 (new))

§13790. Using drugs not in prescription

If a pharmacist knowingly uses any drugs or ingredients in preparing or compounding a written or oral prescription of any practitioner different from those named in the prescription, that use shall constitute a civil violation for which a forfeiture of not more than $1,000 nor less than $50 may be adjudged. [1987, c. 710, §5 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13791. Return of drugs

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 9: MISCELLANEOUS PROVISIONS (HEADING: PL 1987, c. 710, @5 (new))

§13791. Return of drugs

A drug or pharmaceutical preparation that has been dispensed on prescription may be returned to pharmacy stock after being in possession and under the control of another person and may be dispensed again if the drug is packaged in an unbroken, sealed container or if, in the case of a hospital, a licensed pharmacist determines that the drug has not been impaired. [1993, c. 231, §1 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13792. Sale by certain methods prohibited

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 9: MISCELLANEOUS PROVISIONS (HEADING: PL 1987, c. 710, @5 (new))

§13792. Sale by certain methods prohibited

It shall be unlawful for any person to sell, distribute, vend or otherwise dispose of any drug, medicine or pharmaceutical or medical preparation by means of any public exhibition, entertainment, performance, carnival or by vending machines. [1987, c. 710, §5 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13793. Adulterating and selling drugs

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 9: MISCELLANEOUS PROVISIONS (HEADING: PL 1987, c. 710, @5 (new))

§13793. Adulterating and selling drugs

Whoever fraudulently adulterates, for the purpose of sale, any drug or medicine or sells any fraudulently adulterated drug or medicine, knowing the same to be adulterated, shall be punished by a fine of not more than $1,000 or by imprisonment for not more than 11 months. These adulterated drugs and medicines shall be forfeited and destroyed under the direction of the court. [1987, c. 710, §5 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13794. Labeling of prescriptions

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 9: MISCELLANEOUS PROVISIONS (HEADING: PL 1987, c. 710, @5 (new))

§13794. Labeling of prescriptions

Every drug dispensed pursuant to prescription, whether for a legend drug or not, must carry on the label the following information: the prescription number; the date of filling; the patient's name; directions for use; the name and strength of the drug and the amount dispensed, including either the brand name of the drug or, if a generic and therapeutically equivalent drug is dispensed it must be in accordance with section 13781; the beyond use date of the drug; the name of the practitioner prescribing the drug; and the name, address and telephone number of the pharmacy where the prescription was compounded and dispensed. For purposes of this section, "beyond use date" means a date beyond which the contents of the prescription are not recommended to be used. [1999, c. 130, §14 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13795. Photographic proof of identification; discretion to sell or dispense; immunity

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 9: MISCELLANEOUS PROVISIONS (HEADING: PL 1987, c. 710, @5 (new))

§13795. Photographic proof of identification; discretion to sell or dispense; immunity

1. Photographic proof of identification. As a precondition to filling any prescription, dispensing any drug or selling any targeted methamphetamine precursor, a pharmacist or person acting at the direction of a pharmacist may demand, inspect and record proof of identification, including valid photographic identification, from any patient presenting a prescription or any person acting on behalf of the patient or person purchasing a targeted methamphetamine precursor. Valid photographic identification includes but is not limited to the following:

A. A valid Maine motor vehicle operator's license; [1995, c. 175, §1 (new).]

B. A valid Maine identification card issued under Title 29-A, section 1410; [1997, c. 437, §46 (amd).]

C. A valid United States passport; [1995, c. 175, §1 (new).]

D. A valid passport, motor vehicle operator's license of another state, territory, possession or foreign country or official identification card issued by the United States Government only if it:

(1) Contains a photograph of the person presenting the identification;

(2) Is encased in tamper-resistant plastic or otherwise possesses indicia of tamper-resistance; and

(3) Identifies the person's date of birth; or
[2005, c. 430, §7 (amd); §10 (aff).]

E. Other valid, tamper-resistant, photographic identification as provided in rules adopted by the board pursuant to section 13722, subsection 1, paragraph A and in accordance with Title 5, chapter 375. [1997, c. 245, §17 (amd).]

[2005, c. 430, §7 (amd); §10 (aff).]

2. Refusal to fill prescription, dispense drug or sell targeted methamphetamine precursor; law enforcement reporting. A pharmacist or person acting at the direction of a pharmacist may exercise discretion and refuse to fill any prescription, dispense any drug or sell any targeted methamphetamine precursor if unsatisfied as to the legitimacy or appropriateness of any prescription presented, the validity of any photographic identification or the identity of any patient presenting a prescription or any person acting on behalf of the patient, or the intention of the customer to use the drug or targeted methamphetamine precursor according to the instructions for use. A pharmacist or person acting at the direction of a pharmacist may make a report to a law enforcement agency when that person has reasonable cause to suspect that a prescription is not legitimate or appropriate, that a person has presented photographic identification that is not valid or that a customer has the intention to use a drug or targeted methamphetamine precursor in a manner inconsistent with the instructions for use. [2005, c. 430, §7 (amd); §10 (aff).]

3. Immunity; presumption of good faith. A pharmacist or person acting at the direction of a pharmacist who in good faith and pursuant to subsection 2 refuses to fill any prescription, dispense any drug or sell any targeted methamphetamine precursor or who makes a report to a law enforcement agency is immune from any civil liability that might otherwise result from that action, including, but not limited to, any civil liability that might otherwise arise under state or local laws or rules regarding confidentiality of information. In a proceeding regarding immunity from liability, there is a rebuttable presumption of good faith. [2005, c. 430, §7 (new); §10 (aff).]

4. Record keeping. With regard to purchases of targeted methamphetamine precursors, a pharmacy may keep a log of information about the purchaser, which may include name, date of birth, address and amount of targeted methamphetamine precursors purchased. [2005, c. 430, §7 (new); §10 (aff).]

5. Rulemaking. The Director of the Office of Substance Abuse within the Department of Health and Human Services may adopt rules to implement this subsection. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.

A. If the Director of the Maine Drug Enforcement Agency within the Department of Public Safety finds that the ease of availability of liquid, liquid-filled capsule or glycerin matrix forms of products containing ephedrine, pseudoephedrine or phenylpropanolamine or their salts, isomers or salts of isomers, either alone or in combination with other ingredients, referred to in this paragraph as "products," is a threat to the public health, safety and welfare, then the Director of the Maine Drug Enforcement Agency shall notify the Director of the Office of Substance Abuse. The Director of the Office of Substance Abuse shall consult with the joint standing committee of the Legislature having jurisdiction over health and human services matters, providing the reasons for undertaking rulemaking, and may, after consultation, adopt rules designating the products as targeted methamphetamine precursors pursuant to section 13702, subsection 25-B, paragraph B. [2005, c. 430, §7 (new); §10 (aff).]

B. If the Director of the Maine Drug Enforcement Agency finds that sales of targeted methamphetamine precursors that are made without verifying the identity of the purchaser pose a threat to public health, safety and welfare, then the Director of the Maine Drug Enforcement Agency shall notify the Director of the Office of Substance Abuse. The Director of the Office of Substance Abuse shall consult with the joint standing committee of the Legislature having jurisdiction over health and human services matters, providing the reasons for undertaking rulemaking, and may, after consultation, adopt rules requiring a person making a sale of a targeted methamphetamine precursor pursuant to section 13796 to demand from the purchaser and to inspect and record prior to the sale proof of identification, including valid photographic identification, and to keep a log of sales. [2005, c. 430, §7 (new); §10 (aff).]

[2005, c. 430, §7 (new); §10 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13796. Retail sale of targeted methamphetamine precursors

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 9: MISCELLANEOUS PROVISIONS (HEADING: PL 1987, c. 710, @5 (new))

§13796. Retail sale of targeted methamphetamine precursors

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Package" means an item packaged and marked for retail sale that is not designed to be broken down or subdivided for the purpose of retail sale. [2005, c. 430, §8 (new); §10 (aff).]

B. "Retailer" or "retail store" means a person or business entity engaged in this State in the business of selling products to the general public on a retail basis, including drug outlets. [2005, c. 430, §8 (new); §10 (aff).]

C. "Sale" or "sold" includes barter, exchange, transfer and gift. [2005, c. 430, §8 (new); §10 (aff).]

[2005, c. 430, §8 (new); §10 (aff).]

2. Restrictions on packaging. The following restrictions apply to packaging targeted methamphetamine precursors.

A. A targeted methamphetamine precursor may not be sold in a package containing more than 3 grams. [2005, c. 430, §8 (new); §10 (aff).]

B. A targeted methamphetamine precursor may not be sold unless in a blister package, each blister containing not more than 2 average adult doses, except in single-dose packages of not more than 60 milligrams. [2005, c. 430, §8 (new); §10 (aff).]

[2005, c. 430, §8 (new); §10 (aff).]

3. Restrictions on the sale of targeted methamphetamine precursors. The following restrictions on location in the retail store, manner of sale and amount of sale apply to sales of targeted methamphetamine precursors.

A. A retailer may not sell more than 3 packages of a targeted methamphetamine precursor per transaction. [2005, c. 430, §8 (new); §10 (aff).]

B. Except with regard to single-dose packages of not more than 60 milligrams that are kept within 30 feet and in direct line of sight of a staffed cash register or store counter, a retailer must keep targeted methamphetamine precursors in a location that is locked or otherwise not accessible by customers. [2005, c. 430, §8 (new); §10 (aff).]

C. Except with regard to single-dose packages of not more than 60 milligrams that are kept within 30 feet and in direct line of sight of a staffed cash register or store counter, the sale of targeted methamphetamine precursors must be completed by:

(1) A licensed pharmacist or registered pharmacy technician; or

(2) An employee of the retailer who accepts payment for the targeted methamphetamine precursor as long as:

(a) The employee works under the direct supervision of a pharmacist in the pharmacy area of the retail store; and

(b) A licensed pharmacist or registered pharmacy technician has given individual, express approval for the purchase.

[2005, c. 430, §8 (new); §10 (aff).]

[2005, c. 430, §8 (new); §10 (aff).]

4. Exceptions. The provisions of this section do not apply to a targeted methamphetamine precursor that is obtained by prescription or by sale or transfer in the regular course of lawful business to a veterinarian, physician, pharmacist, retail distributor, wholesaler, manufacturer, warehouse operator or common carrier or an agent of that person or entity. [2005, c. 430, §8 (new); §10 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13801. Definitions (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 10: NONDISCRIMINATION IN PHARMACEUTICALS PRICING (HEADING: PL 1993, c. 716, @6 (new); PL 1999, c. 574, @1 (rp))

§13801. Definitions (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13802. Price discrimination prohibited (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 10: NONDISCRIMINATION IN PHARMACEUTICALS PRICING (HEADING: PL 1993, c. 716, @6 (new); PL 1999, c. 574, @1 (rp))

§13802. Price discrimination prohibited (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13803. Purchases by State (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 10: NONDISCRIMINATION IN PHARMACEUTICALS PRICING (HEADING: PL 1993, c. 716, @6 (new); PL 1999, c. 574, @1 (rp))

§13803. Purchases by State (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13804. Exceptions (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 10: NONDISCRIMINATION IN PHARMACEUTICALS PRICING (HEADING: PL 1993, c. 716, @6 (new); PL 1999, c. 574, @1 (rp))

§13804. Exceptions (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13805. Enforcement (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 10: NONDISCRIMINATION IN PHARMACEUTICALS PRICING (HEADING: PL 1993, c. 716, @6 (new); PL 1999, c. 574, @1 (rp))

§13805. Enforcement (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13810. Drug administration by nurses under certain conditions

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 11: NONCONTROLLED PRESCRIPTION DRUG ADMINISTRATION (HEADING; PL 1997, c. 109, @1 (new))

§13810. Drug administration by nurses under certain conditions

A professional nurse or an advanced practice registered nurse who is an employee of a home health care provider, as defined in Title 22, section 2142, subsection 3, or a hospice program or hospice provider, as defined in Title 22, section 8621, subsection 10, may: [1997, c. 109, §1 (new).]

1. Possession. Possess, in the course of employment, such noncontrolled prescription drugs as are approved by the board. In adopting the rules the board shall consult with the Board of Licensure in Medicine, the Board of Osteopathic Licensure, the State Board of Nursing, the Maine Hospice Council, the Department of Health and Human Services and the Home Care Alliance of Maine. Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter II-A; and [1997, c. 109, §1 (new); 2003, c. 689, Pt. B, §6 (rev).]

2. Administration. Administer, in the course of employment, such drugs as are approved under subsection 1 according to written protocols approved annually by the employer's professional advisory committee, which must include a physician licensed under chapter 36 or chapter 48. [1997, c. 109, §1 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13821. Short title

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 12: COLLABORATIVE PRACTICE FOR EMERGENCY CONTRACEPTION (HEADING: PL 2003, c. 524, @1 (new))

§13821. Short title

This subchapter is known and may be cited as "the Collaborative Practice for Emergency Contraception Act." [2003, c. 524, §1 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13822. Collaborative practice authorized

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 12: COLLABORATIVE PRACTICE FOR EMERGENCY CONTRACEPTION (HEADING: PL 2003, c. 524, @1 (new))

§13822. Collaborative practice authorized

Notwithstanding any other provision of law, a licensed pharmacist who has completed the training required in section 13823 may initiate emergency contraception drug therapy in accordance with standardized procedures or protocols developed by the pharmacist and an authorized prescriber who is acting within the prescriber's scope of practice. [2003, c. 524, §1 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13823. Training required

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 12: COLLABORATIVE PRACTICE FOR EMERGENCY CONTRACEPTION (HEADING: PL 2003, c. 524, @1 (new))

§13823. Training required

Prior to performing any procedure authorized under this chapter, a pharmacist must have completed a training program on emergency contraception, delivered by an entity authorized by a national council on pharmaceutical education, or another training program approved by the board. The training program must include, but is not limited to, conduct of sensitive communications, quality assurance, referral to additional services and documentation. [2003, c. 524, §1 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13824. Provision of standardized fact sheet required

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 12: COLLABORATIVE PRACTICE FOR EMERGENCY CONTRACEPTION (HEADING: PL 2003, c. 524, @1 (new))

§13824. Provision of standardized fact sheet required

For each emergency contraception drug therapy initiated pursuant to this subchapter, the pharmacist shall provide the recipient of the emergency contraceptive drugs with a standardized fact sheet developed by the board that includes, but is not limited to, the indications for use of the drug, the appropriate method for using the drug, the need for medical follow-up and referral information, information on sexual assault and referral information and other appropriate information. [2003, c. 524, §1 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13825. Confidentiality

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 117: MAINE PHARMACY ACT (HEADING: PL 1987, c. 710, @5 (new))
Subchapter 12: COLLABORATIVE PRACTICE FOR EMERGENCY CONTRACEPTION (HEADING: PL 2003, c. 524, @1 (new))

§13825. Confidentiality

Nothing in this subchapter affects the provisions of law relating to maintaining the confidentiality of medical records. [2003, c. 524, §1 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01

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