An Act To Prevent Opiate Abuse by Strengthening the Controlled Substances Prescription Monitoring Program
Maine Legislature, Session 127, LD 1646
Committee Amendment CA_A_S531 (Senate)
Amends: 22 MRSA §7246, 22 MRSA §7249, 22 MRSA §7250, 22 MRSA §7251, 32 MRSA §2105-A, 32 MRSA §2210, 32 MRSA §2591-A, 32 MRSA §2600-C, 32 MRSA §3282-A, 32 MRSA §3300-F, 32 MRSA §3656, 32 MRSA §3657, 32 MRSA §4864, 32 MRSA §4878, 32 MRSA §13702-A, 32 MRSA §13756, 32 MRSA §13786-B, 32 MRSA §13786-C, 32 MRSA §18308, 32 MRSA §18325

COMMITTEE AMENDMENT " A" to S.P. 671, L.D. 1646, Bill, "An Act To 
Prevent Opiate Abuse by Strengthening the Controlled Substances Prescription 
Monitoring Program" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 22 MRSA §7246, sub-§§1-A, 1-B and 1-C are enacted to read: 
1-A. 
Acute pain. 
"Acute pain" means pain that is the normal, predicted 
physiological response to a noxious chemical or thermal or mechanical stimulus. "Acute 
pain" typically is associated with invasive procedures, trauma and disease and is usually 
time-limited. 
1-B. Administer. 
"Administer" means an action to apply a prescription drug 
directly to a person by any means by a licensed or certified health care professional acting 
within that professional's scope of practice. "Administer" does not include the delivery. 
dispensing or distribution of a prescription drug for later use. 
1-C. Chronic pain. "Chronic pain" means pain that persists beyond the usual course 
of an acute disease or healing of an injury. "Chronic pain" may or may not be associated 
with an acute or chronic pathologic process that causes continuous or intermittent pain 
over months or years. 
Sec. 2. 22 MRSA §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 and a veterinarian licensed under Title 32, chapter 
71-A with authority to prescribe controlled substances. 
Sec. 3. 22 MRSA §7249, sub-§4, as enacted by PL 2003, c. 483, §1, is amended 
to read: 
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COMMITTEE AMENDMENT "A,, to S.P. 671, L.D. 1646 
4. Immunity from liability. A dispenser or prescriber is immune from liability for 
disclosure of information if the disclosure was made pursuant to and in accordance with 
this chapter. 
Sec. 4. 22 MRSA §7250, sub-§4, ,JG, as amended by PL 2011, c. 657, Pt. 0, §3, 
is further amended to read: 
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, avoiding duplicate dispensing of controlled 
substances and providing treatment pattern data under subsection 6; aad 
Sec. 5. 22 MRSA §7250, sub-§4, ~' as enacted by PL 2011, c. 218, §3, is 
amended to read: 
H. Another state or a Canadian province pursuant to subsection 4-A~ 
Sec. 6. 22 MRSA §7250, sub-§4, 1~ and J are enacted to read: 
I. Staff members of a licensed hospital who are authorized by the chief medical 
officer of the hospital, insofar as the information relates to a patient receiving care in 
the hospital's emergency d(ffiartment or receiving inpatient services from the hospital; 
and 
J. Staff members of a pharmacist who are authorized by the pharmacist on duty, 
insofar as the information relates to a customer seeking to have a prescription filled. 
Sec. 7. 22 MRSA §7250, sub-§4-A, as amended by PL 2011, c. 657, Pt. AA, 
§69, is further amended to read: 
4-A. 
Information sharing with other states and Canadian provinces. 
The 
department may provide prescription monitoring information to and receive prescription 
monitoring information from another state or a Canadian province that has prescription 
monitoring information provisions consistent with this chapter and has entered into a 
prescription monitoring information sharing agreement with the department. 
The 
department may enter into a prescription monitoring information sharing agreement with 
another state or a Canadian province to establish the terms and conditions of prescription 
monitoring information sharing and interoperability of information systems and to carry 
out the purposes of this subsection. For purposes of this subsection, "another state" 
means any state other than Maine and any territory or possession of the United States, but 
does not include a foreign country. 
Sec. 8. 22 MRSA §7251, sub-§1, as amended by PL 2011, c. 657, Pt. AA, §70, is 
further amended to read: 
1. Failure to submit information. A dispenser who knowingly fails to submit 
prescription monitoring information to the department as required by this chapter 
commits a civil violation for which a fme of $250 per incident, not to exceed $5,000 per 
calendar year, may be adjudged and is subject to discipline by the Maine Board of 
Pharmacy pursuant to Title 32, chapter 117, subchapter 4 or by the applicable 
professional licensing entity. 
Sec. 9. 22 MRSA §§7253 and 7254 are enacted to read: 
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COMMITfEE AMENDMENT "A" to S.P. 671, L.D. 1646 
§7253. 
Prescribers and dispensers required to check prescription monitoring 
information 
1. 
Prescribers. 
On or after January 1, 2017, upon initial prescnpt10n of a 
benzodiazepine or an opioid medication to a person and every 90 days for as long as that 
prescription is renewed, a prescriber shall check prescription monitoring information for 
records related to that person. 
2. Dispensers. On or after January 1, 2017, a dispenser shall check prescription 
monitoring information prior to dispensing a benzodiazepine or an opioid medication to a 
person under any of the following circumstances: 
A. The person is not a resident of this State: 
B. The prescription is from a prescriber with an address outside of this State: 
C. The person is paying cash when the person has prescription insurance on file: or 
D. 
According to the pharmacy prescription record, the person has not had a 
prescription for a benzodiazepine or an opioid medication in the previous 12-month 
period. 
A dispenser shall notify the program and withhold a prescription until the dispenser is 
able to contact the prescriber of that prescription if the dispenser has reason to believe 
that the prescription is fraudulent or duplicative. 
3. Exception; hospital setting and facilities. When a licensed or certified health 
care professional directly orders or administers a benzodiazepine or opioid medication to 
a person in an emergency room setting, an inpatient hospital setting, a long-term care 
facility or a residential care facility, the requirements to check prescription monitoring 
information established in this section do not apply. 
4. Violation. A person who violates this section commits a civil violation for which 
a fine of $250 per incident, not to exceed $5,000 per calendar year, may be adjudged. 
5. Rulemaking. Notwithstanding section 7252, the department may adopt routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A to implement this 
section. 
§7254. Exemption from opioid medication limits until January 2017; rulemaking 
1. Exemption until January 2017. In addition to the exceptions established in Title 
32, section 2210, subsection 2: section 2600-C, subsection 2: section 3300-F, subsection 
2: section 3657, subsection 2: and section 18308, subsection 2, a licensed health care 
professional may prescribe opioid medication in an amount greater than the morphine 
milligram equivalents limited by Title 32, sections 2210, 2600-C, 3300-F, 3657 and 
18308 as long as it is medically necessary and the need is documented in the patient's 
chart. 
This subsection is repealed January 1, 2017 or on the effective date of the rules 
establishing exceptions to prescriber limits as provided in subsection 2, whichever is 
later. The Commissioner of Health and Human Services shall notify the Secretary of 
State, Secretary of the Senate, Clerk of the House of Representatives and Revisor of 
Statutes of this effective date when this effective date is determined. 
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COMMITTEE AMENDMENT" A" to S.P. 671, L.D. 1646 
2. Rulemaking. Notwithstanding section 7252, no later than January 1, 2017, the 
department shall adopt routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A to establish reasonable exceptions to prescriber limits in Title 32, sections 
2210, 2600-C, 3300-F, 3657 and 18308, including for chronic pain and acute pain. The 
rules must take into account clinically appropriate exceptions and include prescribers in 
the rule-making process including the drafting of draft rules and changes after the public 
hearing process to the extent permitted by Title 5, chapter 375. 
Sec. 10. 32 MRSA §2105-A, sub-§2, ,rH, as amended by PL 1993, c. 600, Pt. A, 
§ 116, is further amended to read: 
H. A violation of this chapter or a rule adopted by the board; er 
Sec. 11. 32 MRSA §2105-A, sub-§2, ,rI, as enacted by PL 1983, c. 378, §21, is 
amended to read: 
I. Engaging in false, misleading or deceptive advertising~~ 
Sec. 12. 32 MRSA §2105-A, sub-§2, 1J is enacted to read: 
J. Failure to comply with the requirements of Title 22, section 7253. 
Sec.13. 32 MRSA §2210 is enacted to read: 
§2210. Requirements regarding prescription of opioid medication 
1. Limits on opioid medication prescribing. Except as provided in subsection 2, 
an individual licensed under this chapter whose scope of practice includes prescribing 
opioid medication may not prescribe: 
A. To a patient any combination of opioid medication in an aggregate amount in 
excess of 100 momhine milligram equivalents of opioid medication per day; 
B. To a patient who, on the effective date of this section, has an active prescription 
for opioid medication in excess of 100 m01;phine milligram equivalents of an opioid 
medication per day, an opioid medication in an amount that would cause that patient's 
total amount of opioid medication to exceed 300 morphine milligram equivalents of 
opioid medication per day; except that, on or after July 1, 2017, the aggregate amount 
of opioid medication prescribed may not be in excess of 100 morphine milligram 
equivalents of opioid medication per day; 
C. On or after January 1, 2017, within a 30-day period, more than a 30-day supply of 
an opioid medication to a patient under treatment for chronic pain. "Chronic pain" 
has the same meaning as in Title 22, section 7246, subsection 1-C; or 
D. On or after January 1, 2017, within a 7-day period, more than a 7-day supply of 
an opioid medication to a patient under treatment for acute pain. "Acute pain" has the 
same meaning as in Title 22, section 7246, subsection 1-A. 
2. Exceptions. An individual licensed under this chapter whose scope of practice 
includes prescribing opioid medication is exempt from the limits on opioid medication 
prescribing established in subsection 1 only: 
A. When prescribing opioid medication to a patient for: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 671, L.D. 1646 
(1) Pain associated with active and aftercare cancer treatment; 
(2) Palliative care, as defined in Title 22, section 1726, subsection 1, paragraph 
A, in conjunction with a serious illness, as defined in Title 22, section 1 726, 
subsection 1, paragraph B; 
(3) End-of-life and hospice care; 
(4) Medication-assisted treatment for substance use disorder; or 
(5) Other circumstances determined in rule by the Department of Health and 
Human Services pursuant to Title 22, section 7254, subsection 2; and 
B. When directly ordering or administering a benzodiazepine or opioid medication to 
a person in an emergency room setting, an inpatient hospital setting, a long-term care 
facility or a residential care facility. 
As used in this paragraph, "administer" has the same meaning as in Title 22, section 
7246, subsection 1-B. 
3. Electronic prescribing. An individual licensed under this chapter whose scope of 
practice includes prescribing opioid medication and who has the capability to 
electronically prescribe shall prescribe all opioid medication electronically by July 1, 
2017. An individual who does not have the capability to electronically prescribe must 
request a waiver from this requirement from the Commissioner of Health and Human 
Services stating the reasons for the lack of capability, the availability of broadband 
infrastructure and a plan for developing the ability to electronically prescribe opioid 
medication. 
The commissioner may grant a waiver for circumstances in which 
exceptions are appropriate, including prescribing outside of the individual's usual place of 
business and technological failures. 
4. Continuing education. By December 31, 2017, an individual licensed under this 
chapter must successfully complete 3 hours of continuing education every 2 years on the 
prescription of opioid medication as a condition of prescribing opioid medication. The 
board shall adopt rules to implement this subsection. Rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
5. Penalties. An individual who violates this section commits a civil violation for 
which a fine of $250 per violation, not to exceed $5,000 per calendar year, may be 
adjudged. 
The Department of Health and Human Services is responsible for the 
enforcement of this section. 
Sec.14. 32 MRSA §2591-A, sub-§2, ,rM, as amended by PL 1997, c. 680, Pt. B, 
§6, is further amended to read: 
M. Failure to comply with the requirements of Title 24, section 2905-A; eF 
Sec. 15. 32 MRSA §2591-A, sub-§2, ~' as enacted by PL 1997, c. 680, Pt. B, 
§ 7, is amended to read: 
N. Revocation, suspension or restriction of a license to practice medicine or other 
disciplinary action; denial of an application for a license; or surrender of a license to 
practice medicine following the institution of disciplinary action by another state or a 
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COMMITTEE AMENDMENT" A" to S.P. 671, L.D. 1646 
territory of the United States or a foreign country if the conduct resulting in the 
""""'"'' 
disciplinary or other action involving the license would, if committed in this State, 
constitute grounds for discipline under the laws or rules of this State~_;_m: 
Sec. 16. 32 MRSA §2591-A, sub-§2, ,ro is enacted to read: 
0. Failure to comply with the requirements of Title 22, section 7253. 
Sec. 17. 32 MRSA §2600-C is enacted to read: 
§2600-C. Requirements regarding prescription of opioid medication 
1. Limits on opioid medication prescribing. Except as provided in subsection 2, 
an individual licensed under this chapter whose scope of practice includes prescribing 
opioid medication may not prescribe: 
A. To a patient any combination of opioid medication in an aggregate amount in 
excess of 100 morphine milligram equivalents of opioid medication per day; 
B. To a patient who, on the effective date of this section, has an active prescription 
for opioid medication in excess of 100 morphine milligram equivalents of an opioid 
medication per day, an opioid medication in an amount that would cause that patient's 
total amount of opioid medication to exceed 300 morphine milligram equivalents of 
opioid medication per day; excs,t that, on or after July 1, 2017, the aggregate amount 
of opioid medication prescribed may not be in excess of 100 morphine milligram 
equivalents of opioid medication per day; 
C. On or after January 1, 2017, within a 30-day period, more than a 30-day supply of 
an opioid medication to a patient under treatment for chronic pain. For purposes of 
this paragraph, "chronic pain" has the same meaning as in Title 22, section 7246, 
subsection 1-C; or 
D. On or after January 1, 2017, within a 7-day period, more than a 7-day supply of 
an opioid medication to a patient under treatment for acute pain. For purposes of this 
paragraph, "acute pain" has the same meaning as in Title 22, section 7246, subsection 
1-A. 
2. Exceptions. An individual licensed under this chapter whose scope of practice 
includes prescribing opioid medication is exempt from the limits on opioid medication 
prescribing established in subsection 1 only: 
A. When prescribing opioid medication to a patient for: 
(I) Pain associated with active and aftercare cancer treatment; 
(2) Palliative care, as defined in Title 22, section 1726, subsection 1, paragraph 
A, in conjunction with a serious illness, as defined in Title 22, section 1726, 
subsection 1, paragraph B; 
(3) End-of-life and hospice care; 
( 4) Medication-assisted treatment for substance use disorder; or 
(5) Other circumstances determined in rule by the Department of Health and 
Human Services pursuant to Title 22, section 7254, subsection 2; and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to S.P. 671, L.D. 1646 
B. When directly ordering or administering a benzodiazepine or opioid medication to 
a person in an emergency room setting, an inpatient hospital setting, a long-term care 
facility or a residential care facility. 
As used in this paragraph, "administer" has the same meaning as in Title 22, section 
7246, subsection 1-B. 
3. Electronic prescribing. An individual licensed under this chapter whose scope of 
practice includes prescribing opioid medication and who has the capability to 
electronically prescribe shall prescribe all opioid medication electronically by July 1, 
2017. An individual who does not have the capability to electronically prescribe must 
request a waiver from this requirement from the Commissioner of Health and Human 
Services stating the reasons for the lack of capability, the availability of broadband 
infrastructure and a plan for developing the ability to electronically prescribe opioid 
medication. 
The commissioner may grant a waiver for circumstances in which 
exceptions are appropriate, including prescribing outside of the individual's usual place of 
business and technological failures. 
4. Continuing education. By December 31, 2017, an individual licensed under this 
chapter must successfully complete 3 hours of continuing education every 2 years on the 
prescription of opioid medication as a condition of prescribing opioid medication. The 
board shall adopt rules to implement this subsection. Rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
5. Penalties. An individual who violates this section commits a civil violation for 
which a fine of $250 per violation, not to exceed $5,000 per calendar year, may be 
adjudged. 
The Department of Health and Human Services is responsible for the 
enforcement of this section. 
Sec. 18. 32 MRSA §3282-A, sub-§2, ,r,rQ and R, as enacted by PL 2013, c. 
355, §12, are amended to read: 
Q. Failure to produce upon request of the board any documents in the licensee's 
possession or under the licensee's control concerning a pending complaint or 
proceeding or any matter under investigation by the board, unless otherwise 
prohibited by state or federal law; 0f 
R. Failure to timely respond to a complaint notification sent by the board7,;_m: 
Sec. 19. 32 MRSA §3282-A, sub-§2, ,rs is enacted to read: 
S. Failure to comply with the requirements of Title 22, section 7253. 
Sec. 20. 32 MRSA §3300-F is enacted to read: 
§3300-F. Requirements regarding prescription of opioid medication 
1. Limits on opioid medication prescribing. Except as provided in subsection 2, 
an individual licensed under this chapter and whose scope of practice includes prescribing 
opioid medication may not prescribe: 
A. To a patient any combination of opioid medication in an aggregate amount in 
excess of 100 morphine milligram equivalents of opioid medication per day; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 671, L.D. 1646 
B. To a patient who, on the effective date of this section, has an active prescription 
for opioid medication in excess of 100 morphine milligram equivalents of an opioid 
medication per day, an opioid medication in an amount that would cause that patient's 
total amount of opioid medication to exceed 300 morphine milligram equivalents of 
opioid medication per day: except that, on or after July 1, 2017, the aggregate amount 
of opioid medication prescribed may not be in excess of 100 morphine milligram 
equivalents of opioid medication per day; 
C. On or after January 1, 2017, within a 30-day period, more than a 30-day supply of 
an opioid medication to a patient under treatment for chronic pain. "Chronic pain" 
has the same meaning as in Title 22, section 7246, subsection 1-C; or 
D. On or after January 1, 2017, within a 7-day period, more than a 7-day supply of 
an opioid medication to a patient under treatment for acute pain. "Acute pain" has the 
same meaning as in Title 22, section 7246, subsection 1-A. 
2. Exceptions. An individual licensed under this chapter whose scope of practice 
includes prescribing opioid medication is exempt from the limits on opioid medication 
prescribing established in subsection 1 only: 
A. When prescribing opioid medication to a patient for: 
(l) Pain associated with active and aftercare cancer treatment: 
(2) Palliative care, as defined in Title 22, section 1726, subsection 1, paragraph 
A, in conjunction with a serious illness, as defined in Title 22, section 1726, 
subsection 1, paragraph B; 
(3) End-of-life and hospice care; 
(4) Medication-assisted treatment for substance use disorder; or 
(5) Other circumstances determined in rule by the Department of Health and 
Human Services pursuant to Title 22, section 7254, subsection 2; and 
B. When directly ordering or administering a benzodiazepine or opioid medication to 
a person in an emergency room setting, an inpatient hospital setting, a long-term care 
facility or a residential care facility. 
As used in this paragraph, "administer" has the same meaning as in Title 22, section 
7246, subsection 1-B. 
3. Electronic prescribing. An individual licensed under this chapter and whose 
scope of practice includes prescribing opioid medication with the capability to 
electronically prescribe shall prescribe all opioid medication electronically by July 1, 
2017. An individual who does not have the capability to electronically prescribe must 
reguest a waiver from this reguirement from the Commissioner of Health and Human 
Services stating the reasons for the lack of capability, the availability of broadband 
infrastructure, and a plan for developing the ability to electronically prescribe opioid 
medication. The commissioner may grant a waiver including circumstances in which 
exceptions are appropriate, including prescribing outside of the individual's usual place of 
business and technological failures. 
COMMITTEE AMENDMENT 
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COMMITfEE AMENDMENT" A" to S.P. 671, L.D. 1646 
4. Continuing education. By December 31, 2017, an individual licensed under this 
chapter must successfully complete 3 hours of continuing education every 2 years on the 
prescription of opioid medication as a condition of prescribing opioid medication. The 
board shall adopt rules to implement this subsection. Rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
5. Penalties. An individual who violates this section commits a civil violation for 
which a fine of $250 per violation, not to exceed $5,000 per calendar year, may be 
adjudged. 
The Department of Health and Human Services is responsible for the 
enforcement of this section. 
Sec. 21. 32 MRSA §3656, sub-§§3 and 4, as enacted by PL 2007, c. 402, Pt. P, 
§ 14, are amended to read: 
3. False advertising. Engaging in false, misleading or deceptive advertising; 0f 
4. Unlawful prescription of controlled substance. Prescribing narcotic or hypnotic 
or other drugs listed as controlled substances by the federal Drug Enforcement 
Administration for other than accepted therapeutic purposes~_;__Q! 
Sec. 22. 32 MRSA §3656, sub-§5 is enacted to read: 
5. Controlled Substances Prescription Monitoring Program. Failure to comply 
with the requirements of Title 22, section 7253. 
Sec. 23. 32 MRSA §3657 is enacted to read: 
§3657. Requirements regarding prescription of opioid medication 
1. Limits on opioid medication prescribing. Except as provided in subsection 2, 
an individual licensed under this chapter and whose scope of practice includes prescribing 
opioid medication may not prescribe: 
A. To a patient any combination of opioid medication in an aggregate amount in 
excess of 100 morphine milligram equivalents of opioid medication per day; 
B. To a patient who, on the effective date of this section, has an active prescription 
for opioid medication in excess of 100 morphine milligram equivalents of an opioid 
medication per day, an opioid medication in an amount that would cause that patient's 
total amount of opioid medication to exceed 300 morphine milligram equivalents of 
opioid medication per day; except that, on or after July 1, 2017, the aggregate amount 
of opioid medication prescribed may not be in excess of 100 morphine milligram 
equivalents of opioid medication per day; 
C. On or after January 1, 2017, within a 30-day period, more than a 30-day supply of 
an opioid medication to a patient under treatment for chronic pain. "Chronic pain" 
has the same meaning as in Title 22, section 7246, subsection 1-C; or 
D. On or after January 1, 2017, within a 7-day period, more than a 7-day supply of 
an opioid medication to a patient under treatment for acute pain. "Acute pain" has the 
same meaning as in Title 22, section 7246, subsection 1-A. 
COMMITTEE AMENDMENT 
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COMMIITEE AMENDMENT" A" to S.P. 671, L.D. 1646 
2. Exceptions. An individual licensed under this chapter whose scope of practice 
includes prescribing opioid medication is exempt from the limits on opioid medication 
prescribing established in subsection 1 only: 
A. When prescribing opioid medication to a patient for: 
(1) Pain associated with active and aftercare cancer treatment; 
(2) Palliative care, as defined in Title 22, section 1726, subsection 1, paragraph 
A, in conjunction with a serious illness, as defined in Title 22, section 1726, 
subsection 1, paragraph B; 
(3) End-of-life and hospice care; 
( 4) Medication-assisted treatment for substance use disorder: or 
{5) Other circumstances determined in rule by the Department of Health and 
Human Services pursuant to Title 22, section 7254, subsection 2; and 
B. When directly ordering or administering a benzodiazepine or opioid medication to 
a person in an emergency room setting, an inpatient hospital setting, a long-term care 
facility or a residential care facility. 
As used in this paragraph, "administer" has the same meaning as in Title 22, section 
7246, subsection 1-B. 
3. Electronic prescribing. An individual licensed under this chapter and whose 
scope of practice includes prescribing opioid medication with the capability to 
electronically prescribe shall prescribe all opioid medication electronically by July 1, 
2017. An individual who does not have the capability to electronically prescribe must 
request a waiver from this requirement from the Commissioner of Health and Human 
Services stating the reasons for the lack of capability, the availability of broadband 
infrastructure, and a plan for developing the ability to electronically prescribe opioid 
medication. The commissioner may grant a waiver including circumstances in which 
exceptions are appropriate. including prescribing outside of the individual's usual place of 
business and technological failures. 
4. Continuing education. By December 31, 2017, an individual licensed under this 
chapter must successfully complete 3 hours of continuing education every 2 years on the 
prescription of opioid medication as a condition of prescribing opioid medication. The 
board shall adopt rules to implement this subsection. Rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
5. Penalties. An individual who violates this section commits a civil violation for 
which a fine of $250 per violation, not to exceed $5,000 per calendar year, may be 
adjudged. 
The Department of Health and Human Services is responsible for the 
enforcement of this section. 
Sec. 24. 32 MRSA §4864, sub-§12, ,in, as amended by PL 2007, c. 402, Pt. R, 
§8, is further amended to read: 
D. The continuance of a veterinarian directly or indirectly in the employ of or in 
association with any veterinarian after knowledge that such veterinarian is engaged in 
the violation of the provisions of this chapter; 0f 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 671, L.D. 1646 
Sec. 25. 32 MRSA §4864, sub-§13, as amended by PL 2007, c. 402, Pt. R, §8, is 
further amended to read: 
13. Lack of sanitation. Failure to maintain veterinary premises and equipment in a 
clean and sanitary condition as defined by the board in accordance with the sanitation 
provisions included in Title 7, section 3936:-_;_m: 
Sec. 26. 32 MRSA §4864, sub-§15 is enacted to read: 
15. Controlled Substances Prescription Monitoring Program. Failure to comply 
with the requirements of Title 22, section 7253. 
Sec. 27. 32 MRSA §4878 is enacted to read: 
§4878. Requirements regarding prescription of opioid medication 
1. Limits on opioid medication prescribing. A veterinarian licensed under this 
chapter whose scope of practice includes prescribing opioid medication to an animal is 
subject to the requirements of the Controlled Substances Prescription Monitoring 
Program established under Title 22, chapter 1603, except that Title 22, section 7254 does 
not apply. 
2. Electronic prescribing. A veterinarian licensed under this chapter whose scope 
of practice includes prescribing opioid medication and who has the capability to 
electronically prescribe shall prescribe all opioid medication electronically by July 1, 
2017. A veterinarian who does not have the capability to electronically prescribe must 
request a waiver from this requirement from the Commissioner of Health and Human 
Services stating the reasons for the lack of capability, the availability of broadband 
infrastructure and a plan for developing the ability to electronically prescribe opioid 
medication. 
The commissioner may grant a waiver for circumstances in which 
exceptions are appropriate, including prescribing outside of the individual's usual place of 
business and technological failures. 
3. Continuing education. By December 31, 2017, a veterinarian who prescribes 
opioid medication must successfully complete 3 hours of continuing education every 2 
years on the prescription of opioid medication as a condition of prescribing opioid 
medication. The board shall adopt rules to implement this subsection. Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
4. Penalties. A veterinarian who violates this section commits a civil violation for 
which a fine of $250 per violation, not to exceed $5.000 per calendar year, may be 
adjudged. The Department of Health and Human Services is responsible for the 
enforcement of this section. 
Sec. 28. 32 MRSA §13702-A, sub-§20-A is enacted to read: 
20-A. 
Opioid medication. 
"Opioid medication" means a controlled substance 
containing an opioid included in schedule II of 21 United States Code, Section 812 or 21 
Code of Federal Regulations, Part 1308. 
Sec. 29. 32 MRSA §13756 is enacted to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A 
"to S.P. 671, L.D. 1646 
§13756. Electronic prescribing of opioid medication 
By July 1, 2017, a pharmacy must have the capability to process electronic 
prescriptions from prescribers for an opioid medication or request a waiver from the 
Commissioner of Health and Human Services stating the reasons for the waiver including 
but not limited to a lack of capability, the availability of broadband infrastructure and a 
plan for developing the ability to receive electronically prescribed opioid medication. 
The commissioner may grant a waiver for circumstances in which exceptions are 
appropriate. including technological failures. 
Sec. 30. 32 MRSA §13786-B is enacted to read: 
§13786-B. Partial dispensing of prescription for opioid medication 
1. Partial dispensing authorized. Notwithstanding any law or rule to the contrary, 
a pharmacist may partially dispense a prescription for an opioid medication in a lesser 
quantity than the recommended full quantity indicated on the prescription if requested by 
the patient for whom the prescription is written. 
The remaining quantity of the 
prescription in excess of the recommended full quantity is void and may not be dispensed 
without a new prescription. 
2. Notice to practitioner. If a pharmacist partially dispenses a prescription for an 
opioid medication as permitted under this section. the pharmacist or the pharmacist's 
designee shall, within a reasonable time following the partial dispensing but not more 
than 7 days, notify the practitioner of the quantity of the opioid medication actually 
dispensed. The notice may be conveyed by a notation on the patient's electronic health 
record or by electronic transmission, by facsimile or by telephone to the practitioner. 
Sec. 31. 32 MRSA §13786-C is enacted to read: 
§13786-C. Dispensing of prescription of opioid medication; immunity 
A pharmacist who dispenses opioid medication in good faith is immune from any 
civil liability that might otherwise result from dispensing medication in excess of the 
limit established in section 2210. subsection 1, paragraphs A and B; section 2600-C. 
subsection 1, paragraphs A and B; section 3300-F, subsection l, paragraphs A and B; 
section 3657, subsection 1, paragraphs A and B; or section 18308, subsection 1, 
paragraphs A and B, if the medication was dispensed in accordance with a prescription 
issued by a practitioner. In a proceeding regarding immunity from liability, there is a 
rebuttable presumption of good faith. 
Sec. 32. 32 MRSA §18308 is enacted to read: 
§18308. Requirements regarding prescription of opioid medication 
1. Limits on opioid medication prescribing. Except as provided in subsection 2, 
an individual licensed under this chapter whose scope of practice includes prescribing 
opioid medication may not prescribe: 
A. To a patient any combination of opioid medication in an aggregate amount in 
excess of 100 m01phine milligram equivalents of opioid medication per day; 
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"to S.P. 671, L.D. 1646 
B. To a patient who, on the effective date of this section. has an active prescription 
for opioid medication in excess of 100 morphine milligram equivalents of an opioid 
medication per day, an opioid medication in an amount that would cause that patient's 
total amount of opioid medication to exceed 300 morphine milligram equivalents of 
opioid medication per day: except that, on or after July 1, 2017, the aggregate amount 
of opioid medication prescribed may not be in excess of 100 morphine milligram 
equivalents of opioid medication per day: 
C. On or after January 1, 2017, within a 30-day period, more than a 30-day supply of 
an opioid medication to a patient under treatment for chronic pain. For purposes of 
this paragraph, "chronic pain" has the same meaning as in Title 22, section 7246, 
subsection 1-C: or 
D. On or after January 1, 2017, within a 7-day period, more than a 7-day supply of 
an opioid medication to a patient under treatment for acute pain. For purposes of this 
paragraph, "acute pain" has the same meaning as in Title 22, section 7246, subsection 
1-A. 
2. Exceptions. An individual licensed under this chapter whose scope of practice 
includes prescribing opioid medication is exempt from the limits on opioid medication 
prescribing established in subsection 1 only: 
A. When prescribing opioid medication to a patient for: 
(1) Pain associated with active and aftercare cancer treatment: 
(2) Palliative care, as defined in Title 22, section 1726. subsection 1, paragraph 
A, in conjunction with a serious illness. as defined in Title 22, section 1726, 
subsection 1, paragraph B: 
(3) End-of-life and hospice care: 
(4) Medication-assisted treatment for substance use disorder: or 
(5) Other circumstances determined in rule by the Department of Health and 
Human Services pursuant to Title 22, section 7254, subsection 2; and 
B. When directly ordering or administering a benzodiazepine or opioid medication to 
a person in an emergency room setting, an inpatient hospital setting, a long-term care 
facility or a residential care facility. 
As used in this paragraph, "administer" has the same meaning as in Title 22. section 
7246, subsection 1-B. 
3. Electronic prescribing. An individual licensed under this chapter whose scope of 
practice includes prescribing opioid medication and who has the capability to 
electronically prescribe shall prescribe all opioid medication electronically by July 1, 
2017. An individual who does not have the capability to electronically prescribe must 
request a waiver from this requirement from the Commissioner of Health and Human 
Services stating the reasons for the lack of capability, the availability of broadband 
infrastructure and a plan for developing the ability to electronically prescribe opioid 
medication. 
The commissioner may grant a waiver for circumstances in which 
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COMMITTEE AMENDMENT "A "to S.P. 671, L.D. 1646 
exceptions are appropriate, including prescribing outside of the individual's usual place of 
business and technological failures. 
4. Continuing education. By December 31, 2017, an individual licensed under this 
chapter must successfully complete 3 hours of continuing education every 2 years on the 
prescription of opioid medication as a condition of prescribing opioid medication. The 
board shall adopt rules to implement this subsection. Rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
5. Penalties. An individual who violates this section commits a civil violation for 
which a fine of $250 per violation, not to exceed $5,000 per calendar year, may be 
adjudged. 
The Department of Health and Human Services is responsible for the 
enforcement of this section. 
Sec. 33. 32 MRSA §18325, sub-§1, 1,iN and O, as enacted by PL 2015, c. 429, 
§21, are amended to read: 
N. Any violation of a requirement imposed pursuant to section 18352; aaa 
0. A violation of this chapter or a rule adopted by the board~; and 
Sec. 34. 32 MRSA §18325, sub-§1, ,JP is enacted to read: 
P. Failure to comply with the requirements of Title 22, section 7253. 
Sec. 35. Department of Health and Human Services to amend rules to 
require registration of pharmacists; automatic enrollment. The Department of 
Health and Human Services shall amend its rules governing the Controlled Substances 
Prescription Monitoring Program under the Maine Revised Statutes, Title 22, chapter 
1603 no later than January 1, 2017 to require pharmacists to register as data requesters. 
The enrollment mechanism for pharmacists who are registering with the program or 
renewing registration must be automatic when applying for or renewing a professional 
license in the same manner as it is for prescribers who are health care professionals with 
authority to prescribe controlled substances. 
Sec. 36. Department of Health and Human Services to amend rules to 
require registration of veterinarians; automatic enrollment. The Department of 
Health and Human Services shall amend its rules governing the Controlled Substances 
Prescription Monitoring Program under the Maine Revised Statutes, Title 22, chapter 
1603 no later than January 1, 2017 to require veterinarians to register as data requesters. 
The enrollment mechanism for veterinarians who are registering with the program or 
renewing registration must be automatic when applying for or renewing a professional 
license in the same manner as it is for prescribers who are health care professionals with 
authority to prescribe controlled substances. 
Sec. 37. 
Enhancements to the Controlled Substances Prescription 
Monitoring Program. The Department of Health and Human Services shall include in 
its request for proposals process under the Maine Revised Statutes, Title 22, section 7248, 
subsection 2 the following enhancements to the Controlled Substances Prescription 
Monitoring Program under Title 22, chapter 1603: 
1. 
A mechanism or calculator for converting dosages to and from morphine 
milligram equivalents; 
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COMMITTEEAMENDMENT"A "to S.P. 671, L.D. 1646 
2. A mechanism to automatically transmit de-identified peer data on an annual basis 
to prescribers of opioid medication; 
3. Allowance for a broader authorization for staff members of prescribers to access 
the program including a single annual authorization for staff members at a licensed 
hospital and a pharmacy; 
4. Improvements in communication regarding the ability of a prescriber to authorize 
staff members to access the program on behalf of the prescriber; 
5. Improvements in communication regarding the ability of a pharmacist to authorize 
staff members to access the program on behalf of the pharmacist; 
6. 
Improvements in the speed of the program for prescribers and pharmacists 
required to submit information and check the program, and the ability for prescribers and 
pharmacists to tailor the functions of the program to fit into the workflow of the 
prescribers and pharmacists required to access the program; and 
7. 
The establishment of a data modifier for information from a veterinarian 
prescribing opioid medication to an animal that differentiates the recipient of the opioid 
prescription from people. 
Notwithstanding the Title 32, section 2210, subsection 5; section 2600-C, subsection 
5; section 3300-F, subsection 5; section 3657, subsection 5; and section 18308, 
subsection 5, a penalty may not be imposed for a violation of the limits on opioid 
prescribing in Title 32, section 2210, subsection 1; section 2600-C, subsection 1; section 
3300-F, subsection 1; section 3657, subsection l; or section 18308, subsection 1 until the 
enhancement to the Controlled Substances Prescription Monitoring Program described in 
subsection 1 is implemented. 
Sec. 38. Effect on out-of-pocket costs. The Bureau of Insurance within the 
Department of Professional and Financial Regulation shall evaluate the effect of the 
limits on prescriptions for opioid medication established by this Act on the claims paid by 
health insurance carriers and the out-of-pocket costs, including copayments, coinsurance 
and deductibles, paid by individual and group health insurance policyholders. On or 
before January 1, 2018, the bureau shall submit a report on the evaluation, along with any 
recommended policy and regulatory options that will ensure costs for patients are not 
increased as a result of new prescribing limitations on the amounts of opioid medications, 
to the joint standing committees of the Legislature having jurisdiction over health and 
human services matters and over insurance and financial services matters. The joint 
standing committee of the Legislature having jurisdiction over health and human services 
matters and the joint standing committee of the Legislature having jurisdiction over 
insurance and financial services matters may report out legislation related to the 
evaluation to the Second Regular Session of the 128th Legislature. 
Sec. 39. Department of Health and Human Services implementation 
report. The Department of Health and Human Services shall report to the joint standing 
committees of the Legislature having jurisdiction over health and human services matters 
and over occupational and professional regulation matters, no later than January 31, 2018, 
with progress on implementing the provisions of this Act. The report must contain 
information on the following: 
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COMMITIEE AMENDMENT "A "to S.P. 671, L.D. 1646 
1. 
Registration of prescribers and dispensers in the Controlled Substances 
Prescription Monitoring Program under the Maine Revised Statutes, Title 22, chapter 
1603; 
2. Data regarding the checking and using of the Controlled Substances Prescription 
Monitoring Program by data requesters; 
3. 
Data from professional boards regarding the implementation of continuing 
education requirements for prescribers of opioid medication; 
4. Effects on the prescriber workforce; 
5. Changes in the numbers of patients taking more than 100 morphine milligram 
equivalents of opioid medication per day; 
6. Data regarding the total number of opioid medication pills prescribed; 
7. Progress on electronic prescribing of opioid medication; and 
8. 
Improvements to the Controlled Substances Prescription Monitoring Program 
through the request for proposals process including feedback from prescribers and 
dispensers on those improvements.' 
SUMMARY 
This amendment, which is the majority report of the committee, makes the following 
changes to the laws governing the Controlled Substances Prescription Monitoring 
Program and the prescribing and dispensing of opioid medication and other drugs. 
1. It provides to the prescriber immunity from liability for disclosure of information 
to the Controlled Substances Prescription Monitoring Program. 
2. It allows the Department of Health and Human Services to provide prescription 
monitoring information to and receive prescription monitoring information from a 
Canadian province. 
3. It clarifies that staff in hospitals and pharmacies are authorized to access the 
Controlled Substances Prescription Monitoring Program insofar as the access relates to a 
patient's prescription. 
4. It establishes a fine for dispensers who fail to submit prescription monitoring 
information to the Controlled Substances Prescription Monitoring Program of $250 per 
incident, not to exceed $5,000 per calendar year. 
5. It provides that upon the initial prescription of a benzodiazepine or an opioid 
medication to a person and every 90 days for as long as the prescription is renewed, a 
prescriber must check prescription monitoring information maintained by the Controlled 
Substances Prescription Monitoring Program for records related to that person. 
A 
prescriber who violates this provision is subject to a fine of $250 per incident, not to 
exceed $5,000 per calendar year. 
6. It requires dispensers to check the prescription monitoring information for out-of-
state individuals, for out-of-state prescribers, for individuals paying cash and if an 
individual has not had a prescription for an opioid medication in the previous 12 months. 
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COMMITTEE AMENDMENT" A" to S.P. 671, L.D. 1646 
A dispenser who violates this provision is subject to a fine of $250 per incident, not to 
exceed $5,000 per calendar year. 
7. It provides that the failure of a health care provider who is a prescriber or 
dispenser to check the prescription monitoring information or to submit prescription 
monitoring information to the Department of Health and Human Services as required by 
law is grounds for discipline of that health care provider. 
8. It requires that a health care provider who is a prescriber of opioid medication or a 
veterinarian who is a prescriber of opioid medication must complete 3 hours every 2 
years of continuing education related to opioid medication prescribing practices. 
9. It sets limits on the supply of opioid medication that may be prescribed to a patient 
to 7 days for acute pain and 30 days for chronic pain beginning January 1, 2017. 
10. It sets limits on the amount of opioid medication that may be prescribed to no 
more than 100 morphine milligram equivalents for new prescriptions beginning on the 
effective date of this legislation. For patients who have prescriptions that total over 100 
morphine milligram equivalents on the effective date of this legislation, the prescribing 
limit is 300 morphine milligram equivalents; those patients must be tapered to a level of 
no more than 100 morphine milligram equivalents by July 1, 2017. 
11. It establishes statutory exceptions to opioid medication limits and requires the 
Department of Health and Human Services to adopt rules for other exceptions. The rules 
must be adopted by January 1, 2017. 
12. It clarifies that opioid medication limits do not apply to health care professionals 
directly administering medication to a patient in an emergency room setting, inpatient 
hospital setting, long-term care setting or residential care setting. 
13. It provides immunity for pharmacists who dispense opioid medication over 100 
morphine milligram equivalents in accordance with a prescription. 
14. 
It requires prescribers to electronically prescribe opioid medication if the 
capability exists. A prescriber who does not have the capability for electronic prescribing 
must seek a waiver from the Commissioner of Health and Human Services listing the 
reasons why the prescriber is unable to electronically prescribe. Pharmacists must be able 
to receive electronic prescriptions of opioid medication or seek a waiver. 
15. It requires pharmacists and veterinarians who prescribe opioid medication to 
register with the Controlled Substances Prescription Monitoring Program. 
16. It authorizes pharmacists to partially fill prescriptions of schedule II controlled 
substances upon request from the patient. 
17. It requires the Department of Professional and Financial Regulation, Bureau of 
Insurance to evaluate the effect of prescription limits on out-of-pocket costs and report on 
options to the joint standing committee of the Legislature having jurisdiction over health 
and human services matters and the joint standing committee of the Legislature having 
jurisdiction over insurance and financial services matters. 
18. It requires the Department of Health and Human Services to make enhancements 
to the Controlled Substances Prescription Monitoring Program through its request for 
proposals process for the maintenance of the program. It provides that a penalty may not 
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COMMITIEE AMENDMENT "A "to S.P. 671, L.D. 1646 
be imposed for a violation of the limits on opioid medication prescribing until the 
enhancement to the Controlled Substances Prescription Monitoring Program that will 
enable the conversion of dosages to and from morphine milligram equivalents is 
implemented. 
19. It requires the Department of Health and Human Services to report to the joint 
standing committees of the Legislature having jurisdiction over health and human 
services matters and occupational and professional regulation matters on the 
implementation of the registration and use of the Controlled Substances Prescription 
Monitoring Program, improvements to the program, the effect of opioid medication 
prescribing limits on the prescriber workforce, the implementation of continuing 
education requirements and progress on the electronic prescribing of opioid medication. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 04/12/16 
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LD 1646 
LR2717(02) 
An Act To Prevent Opiate Abuse by Strengthening the Controlled Substances Prescription 
Monitoring Program 
Fiscal Note for Bill as Amended by Committee Amendment ';1" (s- 53 \\ 
Committee: Health and Human Services 
' } 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new civil violations. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Any additional costs to the Department of Health and Human Services, the Bureau oflnsurance within the 
Department of Professional and Financial Regulation (DPFR) and certain other boards affiliated and within DPFR 
from the provisions of this bill are expected to be minor and can be absorbed within existing budgeted resources. 
LR2717(02) - Fiscal Note - Page 1 of 1