An Act To Authorize the Maine Board of Pharmacy To Establish a Pharmacist Health Program
Maine Legislature, Session 123, LD 1575
Committee: Business, Research and Economic Development
Sponsors: PERRY, GROSE, WEBSTER
Amends: 32 MRSA §13721

Legislative Document 
No. 1575 
H.P. 1100 
House of Representatives, March 20, 2007 
An Act To Authorize the Maine Board of Pharmacy To Establish a 
Pharmacist Health Program 
(EMERGENCY) 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Representative PERRY of Calais. 
'77/~ /J7.1il~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: GROSE of Woolwich, WEBSTER of Freeport. 
Primed on re<:yded paper 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, pursuant to the Maine Health Security Act and professional licensing 
laws, the Maine Medical Association operates a Physician Health Program that provides 
treatment, counseling and monitoring of physicians and dentists with substance use 
disorders or other mental health diagnoses to permit these professionals to continue 
serving the people of Maine while protecting public safety; and 
Whereas, the Maine Board of Pharmacy wishes to have the Maine Medical 
Association Physician Health Program as a resource for pharmacists in Maine; and 
Whereas, the Maine Medical Association must immediately convert the position of 
Clinical Director of the Physician Health Program from a part-time to a full-time position 
in order to accommodate the new group of professionals; 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. 24 MRS A §2502, sub-§4-A, as amended by PL 1997, c. 107, §2, IS 
further amended to read: 
4-A. Professional review committee. "Professional review committee" means a 
committee of physicians, dentists, pharmacists or a combination of members of beth- all 3 
professions formed by a professional society for the purpose of identifying and working 
with physicians, dentists and other licensees of the Board of Dental Examiners aRd~ 
physician assistants, pharmacists and pharmacy technicians who are disabled or impaired 
by virtue of physical or mental infirmity or by the misuse of alcohol or drugs, as long as 
the committee operates pursuant to protocols approved by the Board of Licensure in 
Medicine, the Board of Dental Examiners ef~ the Board of Osteopathic Licensure and the 
Maine Board of Pharmacy. 
Sec. 2. 32 MRSA §13721, sub-§3 is enacted to read: 
3. 
Pharmacist health program. 
The board may establish protocols for the 
operation of a professional review committee as defined in Title 24, section 2502, 
subsection 4-A. The protocols must include the committee's reporting information the 
board considers appropriate regarding reports received, contracts or investigations made 
and the disposition of each report, as long as the committee is not required to disclose any 
personally identifiable information. 
The protocols may not prohibit an impaired 
pharmacist or pharmacy technician from seeking alternative forms of treatment. 
The board has the power to contract with other agencies, individuals, firms or 
associations for the conduct and operation of a pharmacist health program operated by a 
Page I - 123LR2035(Ol)-1 
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professional review committee as that term IS defined In Title 24, section 2502, 
?ubsection 4-A. 
Emergency clause. 
In view of the emergency cited In the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill authorizes the Maine Board of Pharmacy to establish a program promoting 
the health and recovery of pharmacists and pharmacy technicians who are diagnosed with 
substance use disorders and other mental illnesses . 
..