An Act To Establish the Unused Prescription Drug Program
Maine Legislature, Session 122, LD 0129
Committee: Health and Human Services
Sponsors: BRANNIGAN, PERRY, PINGREE, SMITH, MAYO
Amends: 22 MRSA §254

Legislative Document 
No. 129 
H.P.105 
House of Representati ves, January 11, 2005 
An Act To Establish the Unused Prescription Drug Program 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representati ve WATSON of Bath. 
11'l~ 1/1. 71!ac~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: BRANNIGAN of Portland, PERRY of Calais, PINGREE of 
North Haven, SMITH of Monmouth, Senator: MAYO of Sagadahoc. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 22 MRSA §254·C is enacted to read: 
§254-C. 
Unused prescription drug program 
There 
is 
established 
within 
the 
department 
the 
unused 
prescr iption drug program, referred to in this section as "the 
program," 
to 
make 
prescription drugs 
available 
to 
low-income 
persons. 
1. 
Collaboration. 
The 
department 
shall 
work 
.k.ollaboratively with pharmacies, 
hospitals, health clinics and 
federally qualified health centers, 
Indian health centers and 
rural health centers to make prescription drugs available to 
qualified persons through the program. 
2. 
Qualified p~sons. 
An individual is a qualified person 
if that individual meets the eligibility criteria set forth in 
this subsection. 
A. 
An individual must have a family income below 350 0'0 Qf 
the 
federal 
nonfarm 
income 
official 
poverty 
level, 
as 
defined by the federal Office of Management and Budget and 
revised 
annually 
in 
accordance 
with 
the 
United 
States 
Consolidated 
Omnibus 
Budget 
Reconciliation 
Act 
of 
1981J 
Section 673, Subsection 2. 
B. 
An individual must be a legal resident of the State. 
C. 
An individual must have a valid preser iption for the 
drug to be dispensed through the program. 
D. 
An 
individual 
may 
not 
be 
receiving 
MaineCare 
prescription drug benefits. 
3. 
Accepting unv.sed prescription drugs. 
The program may 
accept unused prescr iption drugs from drug manufacturers, 
drug 
wholesale or terminal distributors, hospitals, health clinics, 
federally qualified health centers, 
Indian health centers 
and 
rural health centers and assisted living facilities licensed by 
the department as provided in this subsection. 
A. 
The program may accept unused prescription drugs that 
are 
unopened 
and 
packaged 
in 
tamper-evident 
unit 
dose. 
packages or that are unopened injectable, aerosol or topical 
medications. 
B. 
The program mar accept ~nused prescriptiun jru~~ ~Y~m ~u 
entity donating under thi:; subsect_iQn if: 
Page l-LR0067(1) 
(1) The entity is the owner of the prescription drug; or 
(2) 
The 
entity 
has 
maintained 
custody 
of 
the 
prescription drug for an individual and donation of the 
prescription drug is accompanied by signed consent to 
the 
donation 
from 
the 
individual 
or 
authorized 
representative of the individual. 
C. 
The program may accept unused prescription drugs that 
are controlled substances as defined by 21 Code of federal 
Regulations, 
Part 
1308 
and 
regulations 
adopted 
by 
the 
federal 
Department 
of 
Justice, 
Drug 
Enforcement 
Administration as allowed by federal law and regulation. 
D. 
The program may not accept unused prescription drugs 
that have been opened, tampered with or compromised in any 
way; that are within 6 months of their expiration date; or 
that have been held in the custody of the person to whom the 
prescription drug was originally dispensed. 
4. 
Dispensing 
donated prescription drugs. 
The 
program 
shall dispense donated prescription drugs to !1ualified persons 
through 
pharmacies, 
hospitals, 
health 
clinics 
and 
federally 
!1ualified health centers, Indian health centers and rural health 
centers 
that volunteer 
to participate 
in 
the 
program. 
The 
program shall pay to the dispensing entity a dispensing fee e!1ual 
to the dispensing fee provided under the MaineCare program. 
5. 
Fees. 
To support the program the department may charge 
nominal fees as provided in this subsection. 
A. 
The 
department 
may 
charge 
fees 
to 
entities 
making 
donations of unused prescription drugs under subsection 3. 
B. 
The 
department 
may 
charge 
fees 
to persons 
to 
whom 
lll.escription drugs are dispensed under the program. 
A 
fe~ 
charged under this paragraph may not exceed the copayment 
charged for a similar prescription drug under the MaineCare 
program. 
6. 
Rulemaking. 
The department, after collaboration with 
the 
Maine 
Board of 
Pharmacy 
and 
the 
Maine 
Drug 
Enforcement 
Agency, 
shall 
adopt 
rules 
to 
implement 
the 
program. 
Rules 
adopted pursuant to this subsection are routine technical rules 
as defined in Title 5, chapter 375, subchapter 2-A. 
4(i 
SUMMARY 
This bill establishes the unused prescription drug program 
under which unused prescription drugs are accepted and dispensed 
to low-income persons. 
To be eligible for the program a person 
must have 
a 
family 
income below 
350°0 of the federal poverty 
level, may not be receiving MaineCare prescription drug benefits, 
must be a Maine resident and must have a valid prescription for 
the drug to be dispensed. 
The program may accept unused and 
unopened 
prescription 
drugs 
from 
drug 
manufacturers, 
drug 
wholesale and terminal distributors, hospitals, health clinics, 
federally qualified health centers, 
Indian health centers and 
rural health centers and assisted living facilities licensed by 
the Department of Health and Human Services.