An Act To Impose Tighter Controls over Addictive Prescription Drugs March 9, 2007
Maine Legislature, Session 123, LD 1286
Committee: Health and Human Services
Sponsors: MILLS
Amends: 22 MRSA §7246, 22 MRSA §7248, 22 MRSA §7249, 22 MRSA §7250, 22 MRSA §7250-A

Legislative Document 
No. 1286 
S.P.449 
An Act To Impose Tighter Controls over Addictive Prescription 
Drugs 
March 9, 2007 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Senator MILLS of Somerset. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §7246, sub-§8 is enacted to read: 
8. 
Restricted amount. 
"Restricted amount" means an amount less than the 
prescribed amount of the controlled substance. 
Sec. 2. 22 MRSA §7246, sub-§9 is enacted to read: 
9. Standards of use. "Standards of use" means standards for measuring the pattern 
of use by a customer of a controlled substance as adopted by the office pursuant to 
section 7250, subsection 6. 
Sec. 3. 22 MRSA §7248, sub-§3, as enacted by PL 2003, c. 483, § 1, is amended 
to read: 
3. Information available. The program must rapidly provide information in an 
electronic format to prescribers and dispensers. For a dispenser seeking to determine 
whether the pattern of use of a controlled substance by a customer exceeds the standards 
of use, the program must provide monitoring program information in an electronic format 
on a real-time basis and the standards of use. 
Sec. 4. 22 MRSA §7249, sub-§4, as enacted by PL 2003, c. 483, § 1, is amended 
to read: 
4. Immunity from liability. A dispenser is immune from liability for disclosure of 
information if the disclosure was made pursuant to and in accordance with this chapter. 
A dispenser is immune from liability for delaying dispensing a prescription, refusing to 
fill a prescription or dispensing a restricted amount of a prescription for a customer if, 
with regard to the prescription, the dispenser has accessed the standards of use and 
prescription monitoring information under section 7250, subsection 7 and has detennined 
that the pattern of use of the customer exceeds the standards of use. 
Sec. 5. 22 MRSA §7250, sub-§6 is enacted to read: 
6. 
Standards of use. 
The office shall adopt standards of use for controlled 
substances and shall make those standards available to dispensers for their use in 
determining whether the pattern of use of a controlled substance by a customer exceeds 
the standards of use. 
In adopting the standards of use, . the office shall review best 
practices for prescribing controlled substances and shall incorporate into the stand?rds of 
use consideration of the health status of and information and circul11-'?tanccs specific to the 
individual customer. The standards of use must be adopted by rulemaking under the 
Maine Administrative Procedure Act. 
Notwithstanding sec:1)on 7252, rules adoptee! 
pursuant to this subsection are routine technical rules as defined by Tit~.ishapter 371, 
subchapter 2-A. 
Sec. 6. 22 MRSA §7250, sub-§7 is enacted to read: 
7. Determination regarding the standards of use. A dispenser who has cause to 
question whether the pattern of use of a controlled substance by a customer exceeds the 
standards of use may access the standards of use and prescription monitoring information 
through the program and make a determination as to whether the customer's pattern of 
use exceeds the standards of use. 
Sec. 7. 22 MRSA §7250-A is enacted to read: 
§72S0-A. Restricted dispensing 
A dispenser who detennines pursuant to section 7250, subsection 7 that the pattern of 
use of a controlled substance by a customer exceeds the standards of use may, in the 
exercise of professional judgment, delay dispensing a prescription, dispense a lesser 
amount of the controlled substance or refuse to dispense a prescription to the customer. 
Sec. 8. 
Rulemaking. 
The Maine Board of Pharmacy shall adopt rules to 
implement this Act as it pertains to persons licensed or registered to dispense controlled 
substances. Rules adopted pursuant to this section are routine technical rules as defined 
by the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
This bill amends the law governing the Controlled Substances Prescription 
Monitoring Program to provide a mechanism for pharmacists and other dispensers of 
prescription drugs to delay filling a prescription for a controlled substance of a person 
whose pattern of use exceeds the standards of use, to dispense only part of the 
prescription or to refuse to dispense any of the prescription. The bill directs the Maine 
7"} 
Board of Phannacy and the Department of Health and Human Services, Office of 
Substance Abuse to adopt routine technical rules to implement the provisions of the bill.