An Act To Create State Drug Schedules and Place Additional Restrictions on Prescribing Benzodiazepines
Maine Legislature, Session 122, LD 1190
Committee: Business, Research and Economic Development
Sponsors: PERRY, MARRACHE, SMITH, BROMLEY
Amends: 32 MRSA §13724

Legislative Document 
No. 1190 
H.P.819 
House of Representatives, March 8, 2005 
An Act To Create State Drug Schedules and Place Additional 
Restrictions on Prescribing Benzodiazepines 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Representative PERRY of Calais. 
'77l~ 1/1. 77l0£~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: MARRACHE of Waterville, SMITH of Van Buren, Senator: 
BROMLEY of Cumberland. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 32 MRSA §13724 is enacted to read: 
Sl3724. 
Controlled S~ces BQard 
There 
is 
established 
the 
Controlled 
Substances 
Board, 
referred to in this section as "the board," to assist in the 
regulation of controlled substances. 
The board consists of one 
representative 
each 
Q~he Department 
of 
Professional 
and 
Financial Regulation, Board of Licensure in Medicine, Board of 
Pharmacy 
and 
Board 
of 
Osteopathic 
Licensure: 
the 
advanced 
practice registered nurse member of the State Board of Nursing; 
and one representative each of the Department of Public Safety, 
Maine Drug Enforcement Agency; 
Department of Health and Human 
Services, Office of Substance Abuse; and Office of the Attorney 
General. 
The board shall assist in the regulation of controlled 
substances through adopting rules for the prescribing, labeling 
and 
dispensing 
of 
controlled 
substances 
listed 
on 
federal 
Schedules II through V. 
The rules adopted must be identical to 
federal 
law 
and 
regulation 
for 
scheduled 
drugs 
under 
the 
Controlled Substances Act. Title II of the Comprehensive Drug 
Abuse Prevention and Control Act of 1970, wi th the exceptions 
provided in this section. 
The rules must be more restrictive 
than 
federal 
r~~iLements regarding 
benzodiazepines 
and 
must 
place benzodiazepines on a state schedule II. 
The rules may be 
more restrictive than federal requirements for all drugs on the 
federal 
schedules 
other 
than 
benzodiazepines. 
Rules 
adopted 
pursuant to this section are routine technical rules as defined 
in Title 5, chapter 375, subchapter 2-A. 
J2 
SUMMARY 
J4 
This bill establishes the Controlled Substances Board to 
assist in the regulation of controlled substances. 
The board 
consists 
of 
one 
representative 
each 
of 
the 
Department 
of 
lR 
Professional 
and 
Financial 
Regulation, 
Board of 
Licensure 
in 
Medicine, Board of Pharmacy and Board of Osteopathic Licensure; 
the advanced practice registered nurse member of the State Board 
of Nursing; 
and one representative each of the Department of 
Public 
Safety, 
Maine 
Drug 
Enforcement 
Agency; 
Department 
of 
Health and Human Services, 
Offi~e of Substance Abuse: and Office 
of the Attorney General. 
The board assists in the regulation of 
controlled substances through adopting routine technical rules 
for 
the 
prescribing, 
labeling 
and 
dispensing 
of 
controlled 
substances listed on federal Schedules II through V. 
The rules 
are required to be more restrictive than federal 
requirements 
regarding benzodiazepines and must place benzodiazepines on 
a 
SO 
state schedule II. 
Page I-LR1291 (l)