An Act To Make Filling Out-of-State Prescriptions for Schedule II Drugs More Convenient (AFfER DEADLINE)
Maine Legislature, Session 121, LD 1578
Committee: Business, Research and Economic Development
Sponsors: BRUNO, NUTTING
Amends: 32 MRSA §13786-A

Legislative Document 
No.IS7S 
H.P.1151 
House of Representatives, April 16, 2003 
An Act To Make Filling Out-of-State Prescriptions for Schedule II 
Drugs More Convenient 
(AFfER DEADLINE) 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Representative BRUNO of Raymond. 
Cosponsored by Representative: NUTTING of Oakland. 
Printed on re<:ycled paper 
/ll~1I1.17l~ 
MILLICENT M. MacFARLAND 
Clerk 
Emergency preamble. Whereas, Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, prescriptions 
for 
schedule II drugs 
issued 
by 
health care providers must be written on security prescription 
blanks; and 
Whereas, some 
prescriptions 
for 
schedule 
II drugs 
are 
prescribed by health care providers from other states; and 
Whereas, to allow patients to continue to receive their 
prescriptions for schedule II drugs prescribed by out-of-state 
health 
care 
providers 
this 
legislation 
must 
take 
effect 
immediately; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 32 MRSA §13786-A, sub-§§2 to 4 are enacted to read: 
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 I. may be filled by 
a pharmacist only if: 
A. 
The pharmacist demands, 
inspects and records a valid 
photographic identification from 
any person presenting a 
prescription: and 
B. 
The 
pharmacist 
receives 
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 
authorization 
came 
from 
the 
practitioner 
or 
the 
practitioner's agent. which may include a telephone call to 
the practitioner's telephone number listed in the telephone 
or other directory. or other good faith efforts to confirm 
the identity of the person giving the oral confirmation. 
3. 
Valid photogr~hic 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; 
B. 
A valid Maine identification card issued under Title 
29-A. section 1410; 
C. 
A valid United States passport; or 
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 
Identifies 
the 
date 
of 
birth of 
the 
person 
presenting the prescription. 
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 
off ice being closed dur ing 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-. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This bill addresses the difficulty that a Maine resident may 
encounter if being treated by 
Q practitioner from a state that 
does not use security prescription blanks. 
The bill provides for 
a prescription written on a prescription blank that does not 
comply with the requirements of Department of Public Safety rules 
to be filled if valid photographic identification is produced and 
the pharmacist confirms the validity of the prescription by 
telephone. 
Provision is also made for a partial dispensing of a 
72-hour supply of the drug in case the oral confirmation is 
delayed due to nights, weekends or holidays.