An Act To Establish a Program for the Purchase of Prescription Drugs from out of the State and out of the Country for the Elderly and Disabled
Maine Legislature, Session 122, LD 0494
Committee: Health and Human Services
Sponsors: CAMPBELL, DRISCOLL, MAYO, BURNS, GLYNN, JACOBSEN, LEWIN, PINGREE, SMITH, WALCOTT, COURTNEY
Amends: 22 MRSA §254-C

Legislative Document 
No. 494 
H.P.369 
House of Representatives, February 1, 2005 
An Act To Establish a Program for the Purchase of Prescription 
Drugs from out of the State and out of the Country for the Elderly 
and Disabled 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative CAMPBELL of Newfield. 
11/~ 
1J7.7Ild£~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representative DRISCOLL of Westbrook, Senator MAYO of Sagadahoc and 
Representatives: BURNS of Berwick, GLYNN of South Portland, JACOBSEN of Waterboro, 
LEWIN of Eliot, PINGREE of North Haven, SMITH of Van Buren, WALCOTT of Lewiston, 
Senator: COURTNEY of York. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec.t. 22 MRSA §254-C is enacted to read: 
§254-C. 
Prescription dru9L~~ram for out-of-state 
and out-of-country prescription drugs 
The departJ.!lent shall establish a prescription drug program 
to provide access to prescription drugs from out of the State and 
out of the country, including Canada, to residents of the State 
who are 62 years of age and older or have disabilities. 
1. 
Definitions. 
As 
used 
in 
context 
otherwise 
indicates, 
the 
following meanings. 
A. 
"Member" 
means 
a 
person 
this 
section, 
following 
terms 
unless 
have 
the 
the 
who 
meets 
the 
eligibility 
reguirements of subsection 2 
and who is enrolled in the 
program. 
B. "Program" means the prescription drug program under this 
section. 
2. 
E1igil)ilit"",yl--'-' _-,R"-,e"-,s",-",-i-",d_e",~n..."t,-"s,----",o,-",f~--",t~h.",e,---",-S--",t=a..."t,-"e,---",a""r--,,e,----,,,e~l,-"i,-"g...,i,,-,b,,-,l,,--e=-~f~o~r 
the 
program if they are 
years of 
age 
or older or 
have 
disabilities. 
3. 
Access. 
Access 
~rescriJ2tion drugs under the program 
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 prescr iptions and 
prevent harmful drug interactions. 
B. 
The program may provide access to prescription drugs 
that a 
member has taken according to prescription for at 
least 15 days. 
C. 
The program may provide access to prescription drugs 
from pharmacies located outside of the State and outside of 
the country, including Canada. 
D. 
The program may provide access to prescription drugs 
that are brand-name drugs in their original sealed packaging. 
E. 
The program may no.LJlrovLl"'-.' d""""e----'a"'-c"-"'-c."'e-"'s""s'---"'t-"'o----'a".,n~t""i""bc=i'_"'o'__'t~i"_'c"'"s"'___'fo_"o"_"'_r 
acute illnesses or prescription drugs 
for alleviation of 
pain that are habit-forming. 
-"4C-"._--,,,T=esting. 
random testing of 
The 
progr~m must 
include 
a 
drugs to ensure purity and 
procedure 
safety for 
for 
the 
member. 
Page l-LR0703(1) 
5. 
Rule~ating. 
The 
department 
shall 
adopt 
implement 
this 
section. 
Rules 
adopted 
pursuant 
subsection are routine technical rules as defined in 
chapter 375, subchapter 2-A. 
SUMMARY 
rules 
to 
to 
this 
Title 5, 
This bill 
requires 
the 
Department 
of 
Health 
and 
Human 
Services to establish a 
prescription drug program to provide 
access to drugs from out of the State and out of the country, 
including 
Canada, 
for 
residents 
who 
are 
elderly 
or 
have 
disabilities. 
The program allows access to brand-name drugs in 
original sealed packaging. 
The program does not provide access 
to habit-forming drugs for the alleviation of pain or 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 
a 
procedure 
for 
random 
testing. 
The bill includes authority to adopt rules, which are 
designated as routine technical rules.