An Act To Allow Pharmacists To Administer Certain Immunizations
Maine Legislature, Session 124, LD 1223
Committee: Business, Research and Economic Development
Sponsors: PERRY, PINKHAM, RECTOR, RA YE, BLANCHARD, CAMPBELL, CONNOR, MAZUREK
Amends: 32 MRSA §13702-A

MAINE STATE LEGISLATURE 
The following document is provided by the 
LAW AND LEGISLATIVE DIGITAL LIBRARY 
at the Maine State Law and Legislative Reference Library 
http://legislature.maine.gov/lawlib 
Reproduced from scanned originals with text recognition applied 
(searchable text may contain some errors and/or omissions) 
n 
( 
L) 
}'t i t L/:! ''"''~. 
. 
i 
lM V~J l,crr1\ 
~/11§11.f!tlt; 
~ 'H:,.,_'" t-i ,,;J~,.J a : ~, 
)11 ~i ~Ht 'IJ ,= 
.124th MAINE LEGISLATURE 
Legislative Document 
No. 1223 
H.P.843 
House of Representatives, March 26,2009 
An Act To Allow Pharmacists To Administer Certain 
Immunizations 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Pr.esented by Representative HOGAN of Old Orchard Beach. 
~7J1~ 
/h.17!ac~{ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: PERRY of Calais, PINKHAM of Lexington Township, 
Senator RECTOR of Knox, Senator RA YE of Washington and 
Representatives: BLANCHARD of Old Town, CAMPBELL of Newfield, CLEARY'of 
Houlton, CONNOR of Kennebunk, MAZUREK of Rockland, STRANG BURGESS of 
. Cumberland. 
. 
Printed on recyclc,ct pilpt.'T 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 32 MRSA §13702-A, sub-§28, as enacted by PL 2007, c. 402, Pt. DD, 
§2, is amended to read: 
28. Practice of pharmacy. "Practice of pharmacy" means the interpretation and 
evaluation of prescription drug orders; the compounding, dispensing, labeling of drugs 
and devices, except labeling by a manufacturer, packer or distributor of nonprescription 
drugs and commercially packaged legend drugs and devices; the participation in drug 
selection and drug utilization reviews; the proper and safe storage of drugs and devices 
and the maintenance of proper records for these drugs arid devices; the administration of 
influenza vaccine, intranasal influenza vaccine, pneumococcal. vaccine, shingles or herpes 
zoster vaccine, tetanus-diphtheria-pertussis vaccine, tetahus-diphtheria vaccine and 
hepatitis B vaccine; the responsibility for advising, when necess!lry or regulated, of 
. 
therapeutic values, content, .hazards and use of drugs and devices; and the offering or 
performing of those acts, services, operations or transactions necessary in the conduct,' 
operation, management and control of a pharmacy. 
' Sec. 2. 32 MR.SA c. 117, sub-c. 13 is enacted to read: 
SUBCHAPTER. 13 
ADMINISTRATION OF DR.UGS AND IMMUNIZATIONS 
§13831.· Authority 
1. Pharmacist. A pharmacist licensed in this State who meets the qiJalifications and 
requirements of section 13832 and rules adopted by the board may administer topically o'r 
by injection . or by inhalation influenza vaccine, intranasal influenza· vaccine, 
pneumococcal vaccine, shingles or herpes zoster vaccine, tetanus-diphtheria-pertussis 
vaccine, tetanus-diphtheria vaccine and hepatitis B vaccine to a person according to a 
valid prescription, treatment protocol established by a physician or a written standing 
. order from a physician Or a person authorized under the laws of this State to issue an 
order, a prescription or a protocol to a person 12 years of age or older. 
. 2. 
Emergency administration of certain drugs. A pharmacist may administer 
epinephrine or diphenhydramine, or both, to a person in an emergency situation resulting 
from an adverse reaction'to an immunization administered by the pharmacist. 
§13832; Qualifications; requirements 
In order to administer a drug or immunization under this subchapter, a pharmacist 
must meet the following requirements. 
1. 
Didactic; practical course. the pharmacist must satisfactorily complete a 
didactic and practical course approved by the board that includes the current guidelines 
and recommendations of the federal Department of Health arid' Human Services, Centers 
for Disease Control and Prevention, the American Council on Pharmaceutical Education 
Page I - 124LR0033(OI)-1 
) 
) 
) 
I 
n 
, 
' 
, 
~ 
IT 
, 32 
' 
~ ) 
~ 
or a similar health authority or professional body, and that includes, but is not limited to, 
disease epidemiology, indications for use of the vaccine, vaccine characteristics, injection 
techniques, adverse reactions to the vaccine, emergency response to adverse events and 
related topics. 
2. 
Cardiopulmonary resuscitation. The pharmacist must complete' training In 
cardiopulmonary resuscitation acceptable to the board. 
3. Treatment protocol. The pharmacist shall administer drugs and immunizations 
in compliance with a treatment protocol established by a physician or any other person 
authorized under the laws of this State to order administration of those drugs and 
immunizations approved by the board. The treatment protocol must include: 
A. Standards for observation of the person receiving the drug or immunization to 
determine whether the person has an adverse reaction, as adopted in rules by the 
board; 
B. ' Procedures to be followed by the pharmacist when administering epinephrine, 
diphenhydramine, or both, to a person who has an adverse 'reaction to an 
immun'ization administered by the pharmacist; and 
' 
C. Notification to the physician or the authorized person who issued the prescription, 
standing order or protocol under section 13831, subsection 1 of the administration by 
the pharmacist of the drug or immunization, or both, within 7 days. 
4. Continuing education. The pharmacist pursuant to section 13 734 licensed in this 
State shall complete a minimum of2 hours of continuing education for license renewal. 
, §13833. Prohibited acts 
L Delegate authority. A pharmacist may not delegate the pharmacist's authority to 
administer drugs or immunizations. 
' 
' 
2. Administer drugs: A pharmacist may not engage in the administration of drugs 
or immunizations unless the qualifications and requirements of section 13832 are met. 
§13834. Rules 
The board shall adopt rules to implement this subchapter. Rules adopted pursuant to 
this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 3. The DepaJ1ment of Professional and Financial Regulation, Maine Board of 
Pharmacy shall adopt the rules pursuant to this Act within 3 months of the effective date 
of this Act. 
SUMMARY 
, 
This bill allows a pharmacist to administer drugs and immunizations. 
The 
Department of Professional and Finandal Regulation, Maine Board of Pharmacy shall ' 
adopt routine technical rules to implement this bill.