An Act To Expand Access To Lifesaving Opioid Overdose Medication
Maine Legislature, Session 127, LD 0140
Committee Amendment CA_A_H248 (House)
Amends: 22 MRSA §2353

COMMITTEE AMENDMENT" Pr" to H.P. 98, L.D. 140, Bill, "An Act To Expand 
Access To Lifesaving Opioid Overdose Medication" 
Amend the bill in section 1 in su1;>section 2 by striking out all of paragraph E (page 1, 
lines 32 to 34 in L.D.) 
Amend the bill by striking out all of section 2 and inserting the following: 
'Sec. 2. 22 MRSA §2353, sub-§§4 and 5 are enacted to read: 
4. Community-based drug overdose prevention programs; standing orders for 
naloxone hydrochloride. 
Acting under standing orders from a licensed healthcare 
professional authorized by law to prescribe naloxone hydrochloride, a public health 
agency that provides services to populations at high risk for a drug overdose may 
establish an overdose prevention program in accordance with rules adopted by the 
department and the provisions of this subsection. 
A. 
Notwithstanding any other provision of law, an overdose prevention program 
established under this subsection may store and dispense naloxone hydrochloride 
without being subject to the provisions of Title 32, chapter 117 as long as these 
activities are undertaken without charge or compensation. 
B. An overdose prevention program established under this subsection may distribute 
unit-of-use packages of naloxone hydrochloride and the medical supplies necessary 
to administer the naloxone hydrochloride to a person who has successfully completed 
training provided by the overdose prevention program that meets the protocols and 
criteria established by the department, so that the person may possess and administer 
naloxone hydrochloride to an individual who appears to be experiencing an opioid-
related drug overdose. 
C. A person acting on behalf of an overdose prevention program established under 
this subsection is immune from civil or criminal liability for providing education on 
opioid~related drug overdose prevention or for purchasing, acquiring, distributing or 
possessing naloxone hydrochloride unless the person's actions constitute recklessness, 
gross negligence or intentional misconduct. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 98, L.D. 140 
The department 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. Opioid-related drug overdose treatment; limited immunity. Limited immunity 
from criminal prosecution is provided as follows. 
A. A person acting in good faith who seeks medical assistance for an individual 
experiencing an opioid-related drug overdose may not be prosecuted for a violation 
of Title 17 -A, sections 1107 -A, 1108, 1111 or l111-A if the evidence for prosecution 
under those sections was obtained as a result of the person's seeking medical 
assistance for an individual experiencing an opioid-related drug overdose. 
B. 
A person who experiences an opioid-related drug overdose and is in need of 
medical assistance may not be prosecuted for a violation of Title 17-A, sections 
1107 -A, 1108, 1111 or l111-A if the evidence for prosecution under those sections 
was obtained as a result of the person's experiencing an opioid-related drug overdose 
and need for medical assistance. 
Nothing in this subsection may be construed to bar the admissibility of any evidence 
obtained in connection with the investigation and prosecution of other crimes committed 
by a person who otherwise qualifies for limited immunity under this subsection. 
Sec. 3. Appropriations and allocations. 
The following appropriations and 
allocations are made. 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS) 
Medical Care - Payments to Providers 0147 
Initiative: Provides funding to allow for the prescription of naloxone hydrochloride by 
standing order to friends of and other persons in a position to assist an individual at risk 
of experiencing an opioid-related drug overdose in addition to immediate family 
members. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
2015-16 
$28,448 
$28,448 
2015-16 
$47,352 
$47,352 
2016-17 
$28,296 
$28,296 
2016-17 
$47,504 
$47,504 
SUMMARY 
This amendment, which is the majority report of the committee, retains the provisions 
from the bill that allow for the prescription of naloxone hydrochloride by standing order 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A .. to H.P. 98, L.D. 140 
and allow for the prescription of naloxone hydrochloride to friends of and other persons 
in a position to assist an individual at risk of experiencing an opioid-related drug 
overdose, in addition to immediate family members as currently permitted in law. Like 
the bill, it creates a limited immunity from criminal prosecution for those who seek 
medical assistance when a person is experiencing an opioid-related drug overdose. 
The amendment also allows for the prescription of naloxone hydrochloride by 
standing order to a public health agency operating an overdose prevention program in 
accordance with rules adopted by the Department of Health and Human Services. The 
amendment provides immunity from civil or criminal prosecution to persons acting on 
behalf of an overdose prevention program for providing education on opioid-related drug 
overdose prevention or for purchasing, acquiring, distributing or possessing naloxone 
hydrochloride unless the person's actions constitute recklessness, gross negligence or 
intentional misconduct. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/23/15 
;'Wac 
LD 140 
LR 1060(02) 
An Act To Expand Access To Life.saving Opioid Overdose Medication 
Fiscal Note for Bill as Amended by Committee Amendment ~(fl-{)% ) 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2015-16 
FY 2016-17 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Federal Expenditures Fund 
Revenue 
Federal Expenditures Fund 
Correctional and Judicial Impact Statements 
$28,448 
$28,448 
$47,352 
$47,352 
Eliminates Class D crimes, Class E crimes and civil violations. 
A reduction in fines will decrease General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
$28,296 
$28,296 
$47,504 
$47,504 
Projections 
FY 2017-18 
$28,296 
$28,296 
$47,504 
$47,504 
Projections 
FY 2018-19 
$28,296 
$28,296 
$47,504 
$47,504 
The bill includes a General Fund appropriation of $28,448 in fiscal year 2015-16 and $28,296 in fiscal year 2016-17 
to the Department of Health and Human Services which allows for the prescription of naloxone hydrochloride by 
standing order to friends or other persons in a position to assist an individual at risk of experiencing an opioid-related 
drug overdose in addition to immediate family members 
LR1060(02) - Fiscal Note - Page 1 of 1