An Act To Ensure Consumer Choice in the Purchase of Prescription Drugs
Maine Legislature, Session 126, LD 0449
Committee: Labor, Commerce, Research and Economic Development
Sponsors: THOMAS, BENNETT, STUCKEY, DAVIS, MASON, THIBODEAU, WHITTEMORE, CROCKETT, HAYES, KNIGHT, STANLEY, VEROW
Amends: 32 MRSA §13702-A, 32 MRSA §13799

Legislative Document 
No. 449 
S.P. 181 
In Senate, February 14, 2013 
An Act To Ensure Consumer Choice in the Purchase of Prescription 
Drugs 
(EMERGENCY) 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator THOMAS of Somerset. 
Cosponsored by Representatives: BENNETT of Kennebunk, STUCKEY of Portland, 
Representative DAVIS of Sangerville and 
Senators: MASON of Androscoggin, THIBODEAU of Waldo, WHITTEMORE of Somerset, 
Representatives: CROCKETT of Bethel, HAYES of Buckfield, KNIGHT of Livermore Falls, 
STANLEY of Medway, VEROW of Brewer. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, there is ambiguity regarding the ability of Maine consumers to purchase 
mail order prescription medications from licensed pharmacies located outside the United 
States; and 
Whereas, it is critically important to resolve any such ambiguities as soon as 
possible; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
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 2011, c. 577, §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 vaccines licensed by the United States Food and Drug Administration 
that are recommended by the United States Centers for Disease Control and Prevention 
Advisory Committee on Immunization Practices, or successor organization, for 
administration to adults; 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.  The dispensing of drugs for personal 
use to an individual resident of the State from a mail order prescription pharmacy located 
and licensed in a nation referenced in 21 United States Code, Section 382(b)(1) (2012) 
does not constitute the practice of pharmacy. 
Sec. 2.  32 MRSA §13799 is enacted to read: 
§13799.  Consumer choice preserved 
Nothing in this chapter may be construed to prohibit: 
1.  Ordering drugs.  Any individual who is a resident of the State from ordering 
drugs for personal use from a mail order prescription pharmacy located and licensed in a 
nation referenced in 21 United States Code, Section 382(b)(1) (2012); or 
2.  Dispensing drugs.  A mail order prescription pharmacy located and licensed in a 
nation referenced in 21 United States Code, Section 382(b)(1) (2012) from dispensing 
prescription drugs from outside the United States by mail or carrier to an individual who 
is a resident of the State for that individual's personal use. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill clarifies and affirms the ability of Maine consumers to purchase mail order 
prescription drugs from licensed pharmacies that are located in certain nations specified 
under federal law.