An Act To Improve the Use of Data from the Controlled Substances Prescription Monitoring Program
Maine Legislature, Session 124, LD 1359
Committee: Health and Human Services
Sponsors: MILLS
Amends: 22 MRSA §3036, 22 MRSA §7246, 22 MRSA §7248, 22 MRSA §7250, 25 MRSA §1551

Legislative Document 
No. 1359 
S.P.494 
In Senate, April 2, 2009 
An Act To Improve the Use of Data from the Controlled Substances 
Prescription Monitoring Program 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Senator MILLS of Somerset. 
Printed on recycled purer 
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JOY J. O'BRIEN 
Secretary of the Senate 
. Be it enacted by the People ofthe State of Maine as follows: 
Sec. 1. 22 MRSA §3036 is enaCted to read: 
§3036. Reporting to the ConttolledSubstances Prescription Monitoring Program 
If in a medical examiner case it is· determined that a controlled substance, as deffined 
in section 7246, subsection i, or other drug may have contributed to a pel'soI}l's dea11h., the 
Office of the Chief Medical Examiner shall ideJ!l!tify that person by name and date of 
birth, if known, to' the ControLled Substances Prescription Monitoring Program, 
established in chapter 1603. 
Sec. 2. 22 MRSA §7246, sub-§2, as enacted byPL 2003, c. 483, § 1, is amended 
to read: 
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2. Dispenser. "Dispenser" means a pharmacist who is licensed or registered under 
Title 32 or a . licensed health care professional with authority to dispense or administer 
prescription drugs. "Dispenser" includes a prescriber and a licensed treatment program as 
defmed in Title 5, section 20003, subsection 23 that admiriisters or dispenses controlled 
substances. 
Sec. 3. 22 MRS A §7246, sub-§5, as enacted by PL 2003, c. 483, § 1, is amended 
to read: 
5. Prescriber. "Prescriber" means a .licensed health care professional with authority 
to prescribe controlled substances. ,"Prescriber" includes nonphysician prescribers. 
Sec. 4. 22 MRSA §7248, sub-§l, as enacted by PL 2003, c. 483, §1, is amended 
to read: 
1. Establishment of monitoring program. Contingent upon the receipt of funds 
pursuant to section 7247 sufficient to carry out the purposes of this chapter, the 
Controlled Substances Prescription Monitoring Program is established. No later than 
January 2, 2004, to implement the program, the office shall establish an electronic system 
for'monitoring any controlled substance that is dispensed to a person in the State by a 
dispenser. Beginning October 1, 2009, the system mustinclude information provided by 
the Department of Public Safety, State Bureau of Identification pursuant to Title 25, 
section 1551 and the Office of the Chief Medical Examiner pursuant to section 3636. 
The office must integrate into the system: 
A. Public information filed by the' Department of Public Safety, State Bureau of 
Identification pursuant to Title 25, section 1551 concerning each arrest or conviction 
within the State for a crime that includes the use, possession, furnishing, sale or 
diversion of a controlled substance. The information must include the name' of the 
person arrested or convicted and any aliases by which the person is known, the 
person's date of birth, the arresting agency, the alleged offense, the controlled 
substance involved, the date of arrest, whether the person was convicted and the 
person's image if available; and 
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B. When a controlled substance or 'other drug may have contributed to a person's 
death, the identity of that person as submitted by the Office of the Chief Medical 
Examiner pursuant to section 3036. 
Sec. 5. 22 MRS A §7249, sub-§l, as enacted by PL 2003, c. 483, §1, is amended 
to read: 
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1. Information required. Each dispenser shall submit to the office at least twice 
monthly, by electronic means or other format specified in a waiver granted by the office, 
specific items of information regarding dispensed controlled substances determined by 
the office from the following list: 
A. 
The dispenser identification number; 
B.. The date the prescription was filled; 
C. 
The prescription number; 
D. 
Whether the prescription is new or is a refill; 
E. 
The National Drug Code (NDC) for the drug dispensed; 
F. 
The quantity dispensed; 
G. 
The dosage; 
-H. 
The patient identification number; 
I. 
The patient name; 
J. 
The patient address; 
K. 
The patient date of birth; 
L. The prescriber identific<;ltion number; 
M. 
The date the prescription was issued by the prescriber; and 
N. 
The office-issued serial number if the office chooses to establish a serial 
prescription system. 
Sec. 6. 22 MRSA §7250, sub-§3-A is enacted to read: 
3-A. Required disclosure. If the Office of the Chief Medical Examiner has notified 
the office pursuant to section 3036 that a controlled substance or other drug may have 
contributed to a person's' death, the office shall notify all prcscribers and dispensers who 
reported information pertaining to that person. 
Sec. 7. 22 MRSA §7250, sub-§4, as enacted by PL 2003, c; 483, §1, is amended 
to read: 
4. 
Access to information. The following persons may access prescription 
moni to ring information: 
A. 
A prescriber, insofar as the information relates to a patient under the prescriber's 
care; 
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B. 
A dispenser, insofar as the information relates to a customer of the dispenser 
seeking to have a prescription filled; 
C. 
The executive director, or a board investigator as designated by each board, of 
the state boards of licensure of podiatric medicine, dentistry, pharmacy, medicine, 
osteopathy, veterinary medicine,nursing or other boards representing health care. 
disciplines whose licensees are prescribers, as required for an investigation, with 
reasonable cause, as determined by the board in each case; 
D. 
A patient to whom a prescription is written, insofar as the information relates to 
that patient; aHtl 
E. 
Office personnel or personnel of any vendor or contractor, as necessary for 
establis~ng and maintaining the program's electronic system,.,;. 
F. The office that administers the MaineCare program pursuant to chapter 855 for the 
purposes of managing the care of its members, monitoring the purchase of controlled 
substances by its members and avoiding duplicate dispensing. of controlled 
substances; and 
G. The Office of the Chief Medical Examiner for the purpose of investigating a 
death 'in a medical examiner case as described in section 30.25. 
Prescription 
monitoring information possessed by the Office of the Chief Medical EX<;lminer is 
confidential and, notwithstanding section 30.22, may not be disseminated. Nothing in 
this paragraph restricts the use or dissemination of information that is separately 
acquired following access to prescription monitoring information. Such separately 
acquired information remains subject to protection or dissemination in accordance 
with section 30.22. 
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Sec. 8. 25 MRSA §1551 is enacted to read: 
§1551. Reporting to the Controlled Substances Prescription Monitoring Program 
The Department of Public Safety, State Bureau of Identification shall submit to the 
Controlled Substances Prescription Monitonng Program, established in Title 22, chapter 
160.3, at least twice monthly information concerning each arrest or conviction within the 
State for a crime that includes the use, possession, furnishing, sale or diversion of a 
30. 
controlled substance as defined in Title· 22, section 7246, subsection 1. The information 
must include the name of the person arrested or convicted and any aliases by which the 
person is known, the person's date of birth, the arresting agency, the alleged' offense, the 
controlled substance involved, the date of arrest, whether the person was convicted and 
the person's image if available. 
Sec. 9. Rulemaking. The Department of Health and Human Services, Office of 
Substance Abuse shall adopt rules to implement this Act. Rules adopted pursuant to this 
section .are routine teclmical rules as defined by the Maine Revised Statutes, Title 5, 
chapter 375, subchapter 2-A. 
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SUMMARY 
This. bill. amends the Controlled Substances Prescription Monitoring Program as 
follows. 
1. It provides that "dispenser" includes a prescriber and a licensed substance abuse 
treatment program, such as a methadone clinic, that administers or dispenses controlled 
substances. It further clarifies that "prescriber" includes nonphysician prescribers. 
2. It requires the Department of Public Safety, State Bureau of Identification to 
report to the Controlled Substances Prescription Monitoring Program information related 
to arrests and convictions for crimes that include the use, possession, furnishing, sale or· 
diversion of a controlled substance. 
3. It requires the Office of the Chief Medical Examiner to file with the Controlled 
Substances Prescription Monitoring Program information concerning the death of a 
person in which a controlled substance or other drug may have contributed to the person's 
death. . 
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4. 
If the Office of the Chief Medical Examiner has reported to the Controlled 
Substances Prescription Monitoring Program that a controlled substance or other drug 
may have contributed to a person's death, it requires. the program to notify all prescribers 
and dispensers who reported infonnation pertaining to the deceased person. 
5. It authorizes health care licensing boards to make the determination of "reasonable 
cause" that would allow the·boards access to prescription monitoring information. 
6. 
It expands access to prescription monitoring information to. the MaineCare 
program and the Office of the Chief Medical Examiner and contains provisions regarding 
the confidentiality of prescription monitoring information possessed by the Office of the 
Chief Medical Examiner. 
7. It directs the Department of Health and Human Services, Office of Substance 
Abuse to adopt rules to implement the law.