An Act To Allow for Timely Access to and Enhanced Administration of All Vaccines
Maine Legislature, Session 125, LD 1715
Committee: Labor, Commerce, Research and Economic Development
Sponsors: STRANG BURGESS, RECTOR, CUSHING, FOSSEL, MOULTON, NUTTING, VOLK, WALLACE, DIAMOND, MARTIN
Amends: 32 MRSA §13702-A, 32 MRSA §13755, 32 MRSA §13831, 32 MRSA §13832, 32 MRSA §13833, 32 MRSA §13834, 32 MRSA §13835

Legislative Document 
No. 1715 
H.P. 1267 
House of Representatives, December 23, 2011 
An Act To Allow for Timely Access to and Enhanced 
Administration of All Vaccines 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 21, 2011.  Referred to the Committee on 
Labor, Commerce, Research and Economic Development pursuant to Joint Rule 308.2 and 
ordered printed pursuant to Joint Rule 401. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative STRANG BURGESS of Cumberland. 
Cosponsored by Senator RECTOR of Knox and 
Representatives: CUSHING of Hampden, FOSSEL of Alna, MOULTON of York, Speaker 
NUTTING of Oakland, VOLK of Scarborough, WALLACE of Dexter, Senators: DIAMOND 
of Cumberland, MARTIN of Kennebec. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  32 MRSA §13702-A, sub-§28, as amended by PL 2009, c. 308, §1, is 
further amended to read: 
28.  Practice of pharmacy.  "Practice of pharmacy" means the interpretation and 
evaluation of prescription drug orders; the compounding, dispensing, and 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 and devices; the 
administration of influenza vaccine, intranasal influenza vaccine, pneumococcal vaccine, 
shingles or herpes zoster vaccine, tetanus-diphtheria-pertussis vaccine and tetanus-
diphtheria vaccine all vaccines licensed by the United States Food and Drug 
Administration; the responsibility for advising, when necessary 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 MRSA §13755 is enacted to read: 
§13755.  Vaccine clinics 
A pharmacy may operate a drug and vaccine administration clinic inside, outside or 
off the pharmacy's premises. 
Sec. 3.  32 MRSA §13831, sub-§§2 and 3, as enacted by PL 2009, c. 308, §3, are 
amended to read: 
2.  Administration of other vaccines.  A pharmacist licensed in this State who meets 
the qualifications and requirements of section 13832 and rules adopted by the board, in 
addition to influenza vaccines under subsection 1, may administer pneumococcal vaccine, 
shingles or herpes zoster vaccine, tetanus-diphtheria-pertussis vaccine, tetanus-diphtheria 
vaccine and booster tetanus-diphtheria vaccine all vaccines licensed by the United States 
Food and Drug Administration to a person 18 years of age or older according to a valid 
prescription when the person has an existing primary care physician or other existing 
relationship with an authorized practitioner in this State.  When the person does not have 
an existing relationship with a primary care physician or other practitioner in this State 
the pharmacist may proceed to administer according to a treatment protocol established 
by an authorized practitioner or a written standing order from a practitioner authorized 
under the laws of this State to issue an order, a prescription or a protocol to a person 18 
years of age or older for pneumococcal vaccine, shingles or herpes zoster vaccine, 
tetanus-diphtheria-pertussis vaccine, tetanus-diphtheria vaccine or booster tetanus-
diphtheria vaccine any vaccine licensed by the United States Food and Drug 
Administration. 
3.  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 a vaccine administered by the pharmacist. 
Sec. 4.  32 MRSA §13831, sub-§4 is enacted to read: 
4.  Vaccine clinics.  A pharmacist or pharmacy licensed under this chapter may 
operate a drug and vaccine administration clinic inside, outside or off the pharmacy's 
premises if the pharmacist or pharmacy obtains approval from the board for the plan of 
operation of such clinics pursuant to rules adopted under section 13835, subsection 1. 
Sec. 5.  32 MRSA §13832, first ¶, as enacted by PL 2009, c. 308, §3, is amended 
to read: 
In order to administer a drug or immunization vaccine under this subchapter, a 
pharmacist must: 
Sec. 6.  32 MRSA §13833, as enacted by PL 2009, c. 308, §3, is amended to read: 
§13833.  Treatment protocol 
The pharmacist shall administer drugs and immunizations vaccines in compliance 
with a treatment protocol established by a practitioner authorized under the laws of this 
State to order administration of those drugs and immunizations vaccines approved by the 
board. A copy of the treatment protocol must be submitted to the board. At a minimum 
the treatment protocol must include: 
1.  Standards.  Standards for observation of the person receiving the drug or 
immunization vaccine to determine whether the person has an adverse reaction, as 
adopted in rules by the board; 
2.  Procedures.  Procedures to be followed by the pharmacist when administering 
epinephrine, or diphenhydramine, or both, to a person who has an adverse reaction to an 
immunization a vaccine administered by the pharmacist; and 
3.  Notification.  Notification to the authorized practitioner who issued the 
prescription, standing order or protocol under section 13831, subsection 2 of the 
administration by the pharmacist of the drug or immunization vaccine, or both, within 3 
business  days. 
Sec. 7.  32 MRSA §13834, as enacted by PL 2009, c. 308, §3, is amended to read: 
§13834.  Prohibited acts 
1.  Delegate authority.  A pharmacist may not delegate the pharmacist's authority to 
administer drugs or immunizations vaccines. 
2.  Administer drugs.  A pharmacist may not engage in the administration of drugs 
or immunizations vaccines unless the pharmacist meets the qualifications and 
requirements of section 13832 and the pharmacist has obtained a board-issued certificate 
of administration. 
Sec. 8.  32 MRSA §13835, sub-§1, as enacted by PL 2009, c. 308, §3, is amended 
to read: 
1.  Criteria.  Criteria for the operation of a drug and vaccine administration clinic 
within or inside, outside a or off the premises of a retail pharmacy, rural health clinic or 
free clinic licensed under section 13751. The rules must require one-time board approval 
of the plan of operation for any drug and vaccine administration clinics to be operated by 
a pharmacist or pharmacy and may not require board approval of each individual clinic; 
Sec. 9.  Maine Revised Statutes headnote amended; revision clause.  In the 
Maine Revised Statutes, Title 32, chapter 117, subchapter 13,  in the subchapter headnote, 
the words "administration of drugs and immunizations" are amended to read 
"administration of drugs and vaccines" and the Revisor of Statutes shall implement this 
revision when updating, publishing or republishing the statutes. 
SUMMARY 
This bill makes the following changes to the laws governing the administration of 
vaccines by licensed pharmacists: 
1. It broadens the scope of vaccines that a licensed pharmacist may administer to a 
person 18 years of age or older to allow for the administration of any vaccines licensed by 
the United States Department of Health and Human Services, Food and Drug 
Administration; and 
2. It requires one-time approval from the Maine Board of Pharmacy of a pharmacist's 
or pharmacy's plan of operation for vaccine administration clinics and requires the board 
to adopt by rule criteria for the approval of such clinics.