An Act To Facilitate Communication between Prescribers and Dispensers of Prescription Medication LR 1016(02)
Maine Legislature, Session 121, LD 0945
Committee Amendment CA_A_H457 (House)

COMMITTEE AMENDMENT "ft.. to H.P. 702, L.D. 945, Bill, 
To 
Facilitate 
Communication 
between 
Prescribers 
Dispensers of Prescription Medication" 
"An 
and 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
. Sec. 1. 22 MRSA c.1603 is enacted to read: 
CIIAP'.lER 1603 
C<XrIIDLLED SUBSTANCES PRESCRIPTION IQfl"l'ORIHG 
§7245. 
Legislative intent 
It is the intent of the Legislature that the prescription 
monitoring program established pursuant to this chapter serve as 
a means to promote the public health and welfare and to detect 
and prevent substance abuse. 
This chapter is not intended to 
interfere 
with 
the 
legitimate 
medical 
use 
of 
controlled 
substances. 
§7246. 
Definitions 
As 
used 
in this 
chapter, 
unless 
the 
context otherwise 
indicates, the following terms have the following meanings. 
1. 
Controlled substance. 
"Controlled substance" means 
a 
controlled substance included in schedules II, III or IV of 21 
Page l-LRl016(2) 
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United 
States 
Code. 
Section 
or 
Code 
of 
Federal 
Regulations. Section 1308. 
2. 
Dispenser. 
"Dispenser" 
means 
a 
pharmacist 
who 
is 
licensed or registered under Title 32 or a licensed health care 
professional 
with 
authority 
to 
dispense 
or 
administer 
prescription drugs. 
3. 
Fund. 
"Fund" 
means 
the 
Controlled 
Substances 
Prescription Monitoring Program Fund established in section 7247. 
4. 
Office. 
"Office" means the Department of Behavioral and 
Developmental Services. Office of Substance Abuse. 
5. 
Prescriber. 
"Prescriber" means a licensed health care 
professional with authority to prescribe controlled substances. 
6. 
Prescription 
monitoring 
information. 
"Prescription 
monitoring 
information" 
means 
information 
submitted 
to 
and 
maintained by the program. 
7. 
Program. 
"Program" 
means 
the Controlled Substances 
Prescription Monitoring Program established under section 7248. 
§7247. 
Controlled Substances Prescription Monitoring Program Fund 
The Controlled Substances Prescription Monitoring Program 
Fund is established within the office to be used by the director 
of the office to fund or assist in funding the program. 
Any 
balance in the fund does not lapse but is carried forward to be 
expended for the Same purposes in succeeding fiscal years. 
The 
fund must be deposited with and maintained and administered by 
the office. 
The office may accept funds into the fund from any 
source. public or priYate. including grants or contributions of 
money or other things of value. that it determines necessary to 
carry out the purposes of this chapter. 
Money received by the 
office to establish and maintain the program must be used for the 
expenses 
of 
administering 
this 
chapter. 
No 
General 
Fund 
appropriation may be made available for the purposes of this 
chapter. 
§7248. 
Controlled Substances Prescription Monitoring Program 
1. 
Establishment of IDOnitoring program. 
Contingent upon 
the receipt of funds pursuant to section 7247 sufficient to carry 
out the purposes of this chapter. 
the Controlled Substances 
Prescription Monitoring Program is established. 
No later than 
January 2. 
2004. 
to implement the program. 
the office shall 
establish an electronic system for monitoring 
any controlled 
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COMMITTEE AMENDMENT ,,~. to H.P. 702. L.D. 945 
substance that is dispensed to 
a 
person in the State by 
a 
dispenser. 
2. 
Contract for services. 
The office may contract with a 
vendor to establish and maintain the program pursuant to rules 
adopted by the office. 
3. 
Information available. 
The program must rapidly provide 
information in an electronic format to prescribers and dispensers. 
§7249. 
Reporting of prescription monitoring information 
1. 
Information required. 
Each dispenser shall submit to 
the office. by electronic means or other format specified in a 
waiver 
granted by the office. 
specific 
items of 
information 
regarding 
dispensed 
controlled 
substances 
determined 
by 
the 
office from the following list: 
A. 
The dispenser identification number; 
B. The date the prescription was filled; 
C. The prescription number; 
D. Whether the prescription is new or is a refill; 
E. 
The National Drug Code (NDC) for the drug dispensed; 
F. The guantity dispensed; 
G. 
The dosage; 
H. The patient identification number; 
1. 
The patient name; 
J. 
The patient address; 
K. 
Tb~ pati~nt gS!,t~ of birth; 
L. 
The prescriber igentification number; 
M. 
Tbe date the prescription was issued by the prescriber; 
~ 
N. 
Tbe office-issued serial number if the office chooses to 
establish a seriS!,l prescription system. 
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COMMITTEE AMENDMENT .. It· to H.P. 702, L.D. 945 
2. 
Fregyency. 
Each dispenser shall submit the information 
required under subsection I 
as frequently as specified by the 
office. 
3. 
Waiver. 
The office may grant a waiver of the electronic 
submission requirement under subsection I 
to any dispenser for 
good cause, including financial hardship, as determined by the 
office. 
The waiver must state the format and frequency with 
which 
the 
dispenser 
is 
required 
to 
submit 
the 
required 
information. 
4. 
lDDunity from liability. 
A dispenser is immune 
from 
liability for disclosure of information if the disclosure was 
made pursuant to and in accordance with this chapter. 
§7250. 
Access to prescription monitoring information and 
confidentiality 
1. 
Confidentiality. 
Except as provided in this section, 
prescription monitoring information submitted to the office is 
confidential and is not a public record as defined in Title L 
section 402, subsection 3. 
2. 
Review of information. 
If the prescription monitoring 
information surpasses thresholds as established by the office, 
the office shall notify the prescriber, the dispenser and, if the 
office determines it to be necessary, the professional licensing 
entity 
and 
provide 
all 
relevant 
prescription 
monitoring 
information to those persons and entities through an established 
letter of notification. 
3. 
Permissible disclosure of information. 
The office may 
provide prescription monitoring information for public research, 
policy 
or 
education 
purposes 
as 
long 
as 
all 
information 
reasonably likely to reveal the patient or other person who is 
the subject of the information has been removed. 
4. 
Access to information. 
The following persons may access 
prescription monitoring information: 
A. 
A prescriber, insofar as the information relates to a 
patient under the prescriber's care: 
B. 
A dispenser, insofar as the information relates to a 
customer of the dispenser seeking to have a prescription 
filled: 
C. 
The 
executive director, 
or 
a 
board investigator as 
designated by each board, of the state boards of licensure 
of 
podiatric 
medicine, 
dentistry, 
pharmacy, 
medicine, 
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COMMITTEE AMENDMENT ·If· to H.P. 702, L.D. 945 
osteopathy, 
veterinary medicine, 
nursing or other boards 
representing health care disciplines whose licensees are 
prescribers, 
as 
required 
for 
an 
investigation, 
with 
reasonable cause; 
D. 
A patient to whom a prescription is written, insofar as 
the information relates to that patient; and 
E. 
Office 
personnel 
or 
personnel 
of 
any 
vendor 
or 
contractor, as necessary for establishing and maintaining 
the program's electronic system. 
5. 
Purge of information. 
The office shall purge from the 
program all information that is more than 6 years old. 
§725l. 
Unlawful acts and penalties 
1. 
Failure 
to 
submit 
information. 
A 
dispenser 
who 
knowingly fails to submit prescription monitoring information to 
the office as required by this chapter is subject to discipline 
by the Maine Board of Pharmacy pursuant to Title 32, chapter 117, 
subchapter 4 or by the applicable professional licensing entity. 
2. 
Unlawful disclosure or use of ipfopmation. 
A person who 
intentionally 
or 
knowingly 
uses 
or 
discloses 
prescription 
monitoring 
information in violation of this 
chapter, 
unless 
otherwise authorized by law, is guilty of a Class C crime. 
§7252. 
Rulemaking 
The 
office 
may 
adopt 
rules 
necessary 
to 
implement 
the 
provisions of this chapter. 
Rules 
adopted pursuant to this 
section are major substantive rules 
as 
defined in Title 5, 
chapter 375, subchapter 2-A. 
Sec. 
2. 
Appropriations 
and 
allocations. 
The 
following 
appropriations and allocations are made. 
BEHAVIORAL ARD DEVELOPMENTAL SERVICES, DEPARTMENT OF 
Controlled Substances Prescription Monitoring Program Fund 
Ini tiati ve: 
Provides a base allocation in the event funds are 
received 
to establish 
and 
operate 
the 
Controlled Substances 
Prescription Monitoring Program. 
Other Special Revenue Funds 
All Other 
Other Special Revenue Funds Total 
2003-04 
$500 
$500 
2004-05 
$500 
$500 ' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,,~. to H.P. 702, L.D. 945 
SUMMARY 
This amendment replaces the bill. 
following changes to the bill. 
The amendment makes the 
1. 
It specifies that the intent of the legislation is to 
detect 
and 
prevent 
substance 
abuse, 
not interfere with 
the 
legitimate medical use of controlled substances. 
2. 
It 
designates 
the 
Department 
of 
Behavioral 
and 
Developmental Services, Office of Substance Abuse as the agency 
administering the prescription monitoring program and allows the 
office to receive funds from any public or private source. 
3. 
receipt 
that no 
It makes implementation of the program contingent on the 
of sufficient federal or private funding and specifies 
general fund appropriation may be made to fund the 
program. 
4. 
It covers prescriptions dispensed to any person in the 
State, rather than merely prescriptions actually dispensed in the 
State. 
5. 
It provides a list of items of information from which 
the office may choose requirements for submission. 
6. 
It provides a dispenser with immunity from liability for 
disclosure of information if the disclosure was made pursuant to 
and in accordance with the requirements of the legislation. 
7. 
It directs the office to establish thresholds that, when 
exceeded, will trigger notification. 
8. 
It directs the office to purge information after 6 years. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Appropriations/Allocations 
Other Special Revenue Funds 
Approved: 05/15103 ~ae. 
Office of Fiscal and Program Review 
LD945 
An Act To Facilitate Communication between Prescribers and 
Dispensers of Prescription Medication 
LR 1016(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Business, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
2003-04 
2004-05 
Projections 
2005-06 
Projections 
2006-07 
$500 
$500 
$500 
$500 
Correctional and Judicial Impact Statements: 
Establishes a new Class C crime, increases correctional and judicial costs 
Fiscal Detail and Notes 
This bill includes a $500 base allocation for the Prescription Monitoring Program Fund within the Department of 
Behavioral and Developmental Services in the event funds are received to establish the electronic system to monitor 
controlled substances. 
LRI016(2) - Fiscal Note - Page 1 of 1