An Act To Establish Uniform Protocols for the Use of Controlled Substances
Maine Legislature, Session 124, LD 1193
Committee: Business, Research and Economic Development
Sponsors: MILLS
Amends: 5 MRSA §12004-G, 32 MRSA §3300-B

MAINE STATE LEGISLATURE 
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124th MAINE L GISLATURE 
Legislative Document 
No. 1193 
S.P. 
In Senate, March 25, 2009 
An Act To Establish Uniform Protocols for the Use of Controlled 
Substances 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Senator MILLS of Somerset. 
Printed on recycled papt!1 
c;)rf)(J~ 
JOYJ. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of th.e State of Maine as follows: 
Sec. 1. 5 MRSA §12004-G, sub-§17'-A is enacted to read: 
17-A.- --- ---. 
Drug 
Prescripti ons 
Joint Practic.e 
Council on 
Controlled 
Substances 
Expenses Only 
Sec. 2. 32 MRS A §3300-B is enacted to read: 
§3300-B. Joint Practice Council on Controlled Substances 
MRSA §3300-B 
1. 
Establishment; membership.· The Joint. Practice Council on Controlled· 
Substances is established pursuant to Title 5, section 12004-G, subsection l7-A. The 
council consists of 5 members as follows: 
allopathic physicians appointed by the 
board; an osteopathic physician appointed by the Board of Osteopathic Licensure; a 
pharmacist appointed by the Maine Board of Pharmacy; and the Director of the Office of 
Substance Abuse within the Department of Health and Human Services or a person 
desigriated by the director. The council shall select one of its members to serve as chair. 
2. Definitions. As used in this· section, unless the context otherwise indicates, the 
following terms h~lVe the following meanings. 
. 
A. 
"Controlled substance" has the same meaning as in Title 22, section 7246, 
subsection 1. 
B. 
"Council" means the Joint Practice Council on Controlled Substances under 
subsection 1. 
C. "Prescriber" means a health care practitioner whose license includes the authority 
to prescribe a controlled substance. 
3. Support. The board shall staff, support and fund the council. 
4. Duties. The .council shall develop, adopt and publish a protocol for the use and 
administration of controlled substances. 
- . 
5. Licensing boards. A licensing board that licenses health care practitioners shall 
adopt a protocol published by the council as a standard of practice for all prescribers 
licensed by that board. Failure by a prescriber to adhere to a protocol published by the 
council pursuant to this subsection is grounds for discipline by the board with jurisdiction 
over the prescriber'S license. 
. 
6. Minimum standards. Protocols adopted by the council under subsection 4 must 
inClude at a minimum the following constraints: 
A. That an opioid or a narcotic drug may not be prescribed beyond 30 days for the 
treatment of chronic pain arising from a noncancerOlls or nonterminal condition 
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except by a prescriber with specialized training and expertise in managing a patient 
suffering from chronic pain; 
. . 
B. That a patient being treated for chronic pain may be prescribed an opioid or 
narcotic drug from only one prescriber at any given time; _____ _ 
C. That a controlled substance may not be dispensed by mail; and 
D. That a patient may obtain a controlled substance through only one dispensing 
pharmacy at any given time and may change pharmacies for such a purpose only with 
advance perrllission of the prescriber managing the condition for which the controlled 
substance is being administered. 
7. Rules. The council shall adopt rules to implement this section. Rules adopted 
under this subsection are routine technical rules pursuant to Title 5, chapter 375, 
subchapter 2-A. 
SUMMARY 
This bill creates the Joint Practice Council on Controlled Subst~mces under the Board 
of Licensure in Medicine to develop and administer protocols for' the use and 
administration of controlled substances, including requiring an opioid or narcotic drug to 
be prescribed in certain circumstances by a health care practitioner with specialized 
expertise and training, requiring that a patient's opioid or narcotic drug be prescribed by 
only one prescriber at a time, prohibiting a controlled substance from being dispensed by 
mail and allowing a patient to obtain a controlled substance at only one pharmacy.