An Act To Facilitate Communication between Prescribers and Dispensers of Prescription Medication
Maine Legislature, Session 121, LD 0945
Committee: Business, Research and Economic Development
Sponsors: SHOREY, BREAULT, BUNKER, RICHARDSON, SULLIVAN, BROMLEY

Legislative Document 
No. 945 
H.P.702 
House of Representatives, February 25,2003 
An Act To Facilitate Communication between Prescribers and 
Dispensers of Prescription Medication 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Representati ve PERRY of Calais. 
Cosponsored by Senator SHOREY of Washington and 
'111~ 1'h.11!P£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BREAULT of Buxton, BUNKER of Kossuth Township, DUGA Y of 
Cherryfield, RICHARDSON of Brunswick, SULLIVAN of Biddeford, Senator: BROMLEY of 
Cumberland. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 32 MRSA c.117, sub-c.12 is enacted to read: 
SUBCHAPTER 12 
COJr.mQI.r,1ID SUBSTANCES PRESCRIPTION MONITORING 
§1382l. 
Definitions 
As 
used in this subchapter, 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 
United 
States 
Code, 
Section 
or 
Code 
of 
Federal 
Regulations, Section 1308. 
2. 
Dispenser. 
"Dispenser" 
means 
a 
pharmacist 
who 
is 
licensed or registered under this chapter and 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 13822. 
4. 
Prescriber. 
"Prescriber" means a licensed health care 
professional with authority to prescribe controlled substances. 
5. 
Prescription 
monitoring 
information. 
"Prescription 
monitoring 
information" 
means 
information 
submitted 
to 
and 
maintained by the program. 
6. 
Program. 
"Program" 
means 
the 
Controlled 
Substances 
Prescription Monitoring Program established under section 13823. 
§13822. 
Controlled Substances Prescription Monitoring Program 
Fund 
The Controlled Substances Prescription Monitoring Program 
Fund is established within the department to be used by the 
commissioner 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 department. Money received by the department to establish and 
maintain 
the 
program 
must 
be 
used 
for 
the 
expenses 
of 
administering this subchapter. 
§13823. 
Controlled substances prescription gonitoring program 
Page l-LRl016(1) 
• 
• 
1. 
Establishment of monitoring program. 
The 
Controlled 
Substances Prescription Monitoring Program is established. 
No 
later 
than 
January 
2, 
2004, 
to 
implement 
the 
program, 
the 
department shall establish an electronic system for monitoring 
any controlled substance that is dispensed in the State by a 
pharmacist or a licensed health care professional with authority 
to dispense or administer prescription drugs. 
2. 
Contract for services. 
The department may contract with 
a vendor to establish and maintain the program pursuant to rules 
adopted by the department. 
3. 
Information available. 
The program must quickly provide 
information in an electronic format to prescribers and dispensers. 
§13824. 
Reporting of prescription monitoring information 
1. 
Information required. 
Each dispenser shall submit to 
the department, by electronic means or other format specified in 
a waiver granted by the department, information specified by the 
department, including: 
A. 
A patient identifier ; 
B. The drug dispensed; 
c. The date of the dispensing; 
D. The quantity disQensed; 
E. 
The dosage; 
F. The Qrescriber: and 
G. The dispenser. 
2. 
Frequency. 
Each dispenser shall submit the information 
required under subsection 1 as frequently as specified by the 
department. 
3. 
Waiver. 
The 
department may 
grant 
a 
waiver 
of 
the 
electronic 
submission 
requirement 
under 
subsection 
to 
any 
dispenser 
for 
good 
cause, 
including 
financial 
hardship, 
as 
determined by the department. The waiver must state the format 
and frequency with which the dispenser is required to submit the 
required information. 
§13825. 
Access to prescription monitoring information and 
confidentiality 
1. 
Confidentiality. 
Except as provided in this section, 
prescription monitoring information submitted to the department 
is confidential and is not a public record as defined in Title 1, 
section 402, subsection 3. 
2. 
Review of information. 
The department shall review the 
prescription monitoring information. 
If the 
department 
has 
a 
reasonable suspicion that a violation of law, administrative rule 
or professional standards by any person may have occurred, the 
department shall notify the prescriber, the dispenser and the 
applicable professional licensing entity and provide all relevant 
prescription monitoring information to those persons and entities. 
3. 
Permissible disclosure of information. 
The department 
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, 
customer of the 
insofar as the 
info.-=r....,m."a"'t"-l."'-· "'o..,n'-----±r-"'e:.-"l,.,a"'t""e"'-"'-s_-"'t"'o_""a 
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, 
osteopathy, veterinary, nursing or other boards representing 
health care disciplines whose licensees are prescribers, as 
required for an investigation; 
D. 
A patient to whom a prescription is written, insofar as 
the information relates to that patient; and 
personnel or personnel 
of 
any 
vendor 
or 
contractor, 
as necessary for establishing and maintaining 
the system. 
§13826. 
Unlawful acts and penalties 
1. 
Failure 
to 
submit 
information. 
A 
who 
knowingly fails to submit prescription monitoring information to 
the department as 
required by this subchapter is subject to 
.. 
discipline by the Maine Board of Pharmacy pursuant to subchapter 
or by the applicable professional licensing entity. 
2. 
Unlawful 
disclosure 
of 
information. 
A person 
who 
intentionally 
or 
knowingly 
uses 
or 
discloses 
prescription 
moni tor ing information in violation of this subchapter, unless 
otherwise authorized by law, is guilty of a Class C crime. 
§13827. 
Rulema!ing 
The department may adopt rules necessary to implement the 
provisions of this subchapter. 
Rules adopted pursuant to this 
section are major 
substantive rules 
as 
defined in Title 
5, 
chapter 375, subchapter 2-A. 
SUMMARY 
This 
bill 
requires 
the 
Department 
of 
Professional 
and 
Financial Regulation to establish by January 2, 
2004 
and to 
maintain 
an 
electronic 
prescription 
monitoring 
program. 
The 
program 
will 
allow 
prescribers 
and 
dispensers 
to 
identify 
immediately persons engaging in fraud and deception in obtaining 
schedule 
II, 
III 
and 
IV 
prescription 
drugs 
and 
to 
assist 
prescribers and dispensers in the safe and appropriate treatment 
and 
medication 
of patients. 
The 
bill provides 
for 
criminal 
penalties for misuse of the information.