An Act To Include Medicinal Marijuana Patients in the Controlled Substances Prescription Monitoring Program
Maine Legislature, Session 125, LD 0887
Committee: Health and Human Services
Sponsors: HASKELL, GERZOFSKY, DILL, MALONEY, PETERSON, WATERHOUSE, SAVIELLO
Amends: 22 MRSA §7249-A, 22 MRSA §7250, 22 MRSA §7251

Legislative Document 
No. 887 
H.P. 654 
House of Representatives, March 7, 2011 
An Act To Include Medicinal Marijuana Patients in the Controlled 
Substances Prescription Monitoring Program 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative HASKELL of Portland. 
Cosponsored by Senator GERZOFSKY of Cumberland and 
Representatives: DILL of Cape Elizabeth, MALONEY of Augusta, PETERSON of Rumford, 
WATERHOUSE of Bridgton, Senator: SAVIELLO of Franklin. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §7249-A is enacted to read: 
§7249-A.  Reporting of medicinal marijuana patients 
1.  Information required.  Notwithstanding the provisions of section 2425, 
subsection 8, paragraph C, the Department of Health and Human Services shall submit to 
the office, by electronic means or other format authorized by the office, specific items of 
information regarding medicinal marijuana patients holding registry identification cards 
issued pursuant to section 2425, as follows: 
A.  The patient's name; 
B.  The patient's address; 
C.  The patient's date of birth; 
D.  The name of the physician who prepared the written certification upon which the 
registry identification card was issued; and 
E.  The date the registry identification card was issued. 
Sec. 2.  22 MRSA §7250, sub-§1, as enacted by PL 2003, c. 483, §1, is amended 
to read: 
1.  Confidentiality.  Except as provided in this section, prescription monitoring 
information and information provided pursuant to section 7249-A submitted to the office 
is are confidential and is are not a public record records as defined in Title 1, section 402, 
subsection 3. 
Sec. 3.  22 MRSA §7250, sub-§4, as corrected by RR 2009, c. 1, §§14 to 16, is 
amended to read: 
4.  Access to information. The following persons may access prescription 
monitoring information or information provided pursuant to section 7249-A: 
A.  A prescriber, insofar as the information relates to a patient under the prescriber's 
care; 
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; 
D.  A patient to whom a prescription is written, insofar as the information relates to 
that patient;  
E.  Office personnel or personnel of any vendor or contractor, as necessary for 
establishing and maintaining the program's electronic system;  
F.  The Office of Chief Medical Examiner for the purpose of conducting an 
investigation or inquiry into the cause, manner and circumstances of death in a 
medical examiner case as described in section 3025.  Prescription monitoring 
information in the possession or under the control of the Office of Chief Medical 
Examiner is confidential and, notwithstanding section 3022, may not be 
disseminated.  Information that is not prescription monitoring information and is 
separately acquired following access to prescription monitoring information pursuant 
to this paragraph remains subject to protection or dissemination in accordance with 
section 3022; and 
G.  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. 
Sec. 4.  22 MRSA §7251, sub-§2, as enacted by PL 2003, c. 483, §1, is amended 
to read: 
2.  Unlawful disclosure or use of information.  A person who intentionally or 
knowingly uses or discloses prescription monitoring information or information provided 
pursuant to section 7249-A in violation of this chapter, unless otherwise authorized by 
law, is guilty of a Class C crime. 
SUMMARY 
This bill requires the Department of Health and Human Services to include the names 
and related information of medicinal marijuana patients registered with the State in the 
Controlled Substances Prescription Monitoring Program operated by the Office of 
Substance Abuse.  The information submitted is confidential as are the names of patients 
using controlled substances and prescribers of controlled substances.