An Act Regarding Access to Prescription Drugs and Reimportation
Maine Legislature, Session 122, LD 1178
Committee: Health and Human Services
Sponsors: BRENNAN, BURNS, MARTIN, MAYO, MITCHELL, STRIMLING, MILLER, PINGREE, WALCOTT, WEBSTER
Amends: 22 MRSA §2685

Legislative Document 
No. 1178 
S.P.406 
In Senate, March 8, 2005 
An Act Regarding Access to Prescription Drugs and Reimportation 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Senator BRENNAN of Cumberland. 
Cosponsored by Representative BURNS of Berwick and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: MARTIN of Aroostook, MAYO of Sagadahoc, MITCHELL of Kennebec, 
STRIMLING of Cumberland, Representatives: MILLER of Somerville, PINGREE of North 
Haven, WALCOTT of Lewiston, WEBSTER of Freeport. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 5 MRSA §I2004-I, sub-§47-G is enacted to read: 
47-G. 
Human 
Services 
Maine Save 
Advisory 
Group 
Expenses 
Only 
MRSA 
§2685, 
sub-§3 
Sec. 2. 22 MRSA c. 603, sub-c. I-A is enacted to read: 
SUBCHAPTER 1-A 
MAINE SAVE PROGRAM 
§Z685. 
Maine Save program 
The department shall establish the Maine Save program to 
provide access to prescription drugs through Internet connections 
to pharmacies and wholesale providers of prescription drugs for 
residents of the State who lack comprehensive prescription drug 
coverage. 
1. 
Definitions. 
As 
used 
in this 
section, 
unless 
the 
context 
otherwise 
~i~n~d~i~c~a~t~e~s~, __ ~t~h~e~~fo~lAl~o~w~i~n~g~_t1e~rm~s __ ~h~a~v~e~~t~h~e 
following meanings. 
A. 
"Member" 
means 
a 
person 
who 
lacks 
comprehensive 
prescription drug 
coverage 
and 
who 
is enrolled 
in 
the 
program. 
B. "Program" means the Maine Save program. 
2. 
Access. 
Access to prescription drugs under the program 
through the Internet is subject to the reguirements of this 
subsection. 
A. 
The member must show evidence of use of a pharmacist 
licensed in the State to coordinate all prescriptions and 
prevent harmful drug interactions. 
B. 
The program must assist consumers by providing access to 
prescription drugs 
that 
a 
member 
has 
taken pursuant to 
prescription for at least 15 days prior to use of the 
program for additional dispensing of that same drug. 
C. 
The program may provide access to prescription drugs 
from 
pharmacies 
and wholesale 
providers 
of 
prescription 
drugs located in this country, Canada, 
Great Britain and 
Ireland at prices set by 
the entity that provides 
the 
prescription drugs to the member. 
D. 
The program may provide access to prescription drugs 
that are brand-name drugs 
and that are packaged in the 
original sealed packaging. 
E. 
The program may not provide access to prescription drugs 
that 
are 
controlled 
substances. 
that 
are 
sensitive 
to 
environmental factors such as heat and cold or that are 
antibiotics for acute illnesses. 
3. 
Advisory group. 
The program must include an advisory 
group made up of representatives of pharmacists, consumers and 
licensed providers of health care authorized to prescribe in the 
State, all of whom must be appointed by the commissioner. 
The 
advisory group must meet at least twice per year to review the 
program, consider _ issues related to access, quality and safety 
and advise the 
commissioner on program design and operation. 
Members 
of 
the 
advisory group 
serve 
as 
volunteers 
and 
are 
entitled 
to 
reimbursement 
under 
Title 
5, 
section 
12004-1, 
subsection 47-G. 
4. 
Testing. 
The 
program must 
include 
a 
procedure 
for 
random testing 
of_d~r~u~g~s~~t~o~~e~n~suu~r~e~~p~u~r=i~t~y __ ~a~n~d~~s~a~fwe~t~y~~f~Q~r~_t~h~e 
patient. 
.><5..L._--"R=p,lemaking. 
The 
implement 
this 
section, 
enrollment. 
Rules 
adopted 
routine technical rules as 
subchapter 2-A. 
department 
shall 
adopt 
rules 
to 
including 
rules 
governing 
member 
pursuant 
to 
this 
subsection 
are 
defined in Title 5, 
chapter ~ 
SUMMARY 
This bill establishes 
the 
Maine 
Save 
program to assist 
consumers 
by 
providing 
access 
to 
drugs 
through 
Internet 
connections to pharmacies and wholesale providers of prescription 
drugs 
for 
residents 
who 
lack 
comprehensive prescription drug 
coverage. 
The program provides access to brand-name drugs 
lD 
original sealed packaging. 
The program does not provide access 
to drugs that are controlled substances, drugs that are sensitive 
to 
environmental 
factors 
such 
as 
heat or 
cold or that are 
antibiotics for acute illnesses. The program requires the patient 
to show evidence of use of a pharmacist licensed in the State to 
coordinate 
all 
prescriptions 
and 
prevent 
harmful 
drug 
interactions. 
The program includes an advisory group to review 
the 
program, 
consider 
issues related to 
access, 
quality and 
safety and advise the Commissioner of Health and Human Services 
regarding program design and operation. 
The program includes a 
requirement 
for 
random testing of drugs. 
The bill includes 
authority 
to 
adopt 
rules, 
which 
are 
designated 
as 
routine 
technical rules.