An Act To Provide Access to Affordable Naloxone Hydrochloride for First Responders
Maine Legislature, Session 127, LD 1547
Committee Amendment CA_A_H619 (House)
Amends: 22 MRSA §2353

COMMITTEE AMENDMENT "A" to H.P. 1054, L.D. 1547, Bill, "An Act To 
Provide Access to Affordable Naloxone Hydrochloride for First Responders" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Facilitate Access to Naloxone Hydrochloride' 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the State is facing a crisis due to the number of deaths due to drug 
overdoses; 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. 22 MRSA §2353, sub-§1, ~ 
is enacted to read: 
D. "Pharmacist" means a pharmacist authorized to dispense naloxone hydrochloride 
pursuant to Title 32, section 13815. 
Sec. 2. 22 MRSA §2353, sub-§2, as amended by PL 2015, c. 351, §1, is further 
amended to read: 
2. 
Prescription; possession; administration. The prescription, possession and 
administration of naloxone hydrochloride is governed by this subsection. 
A. A health care professional may directly or by standing order prescribe naloxone 
hydrochloride to an individual at risk of experiencing an opioid-related drug 
overdose. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ·A" to H.P. 1054, L.D. 1547 
A-1. 
A pharmacist may dispense naloxone hydrochloride in accordance with 
protocols established under Title 32, section 13815 to an individual at risk of 
experiencing an opioid-related drug overdose. 
B. An individual to whom naloxone hydrochloride is prescribed or dispensed in 
accordance with paragraph A or A-1 may provide the naloxone hydrochloride so 
prescribed or dispensed to a member of that individual's immediate family to possess 
and administer to the individual if the family member believes in good faith that the 
individual is experiencing an opioid-related drug overdose. 
C. A health care professional may directly or by standing order prescribe naloxone 
hydrochloride to a member of an individual's immediate family or a friend of the 
individual or to another person in a position to assist the individual if the individual is 
at risk of experiencing an opioid-related drug overdose. 
C-1. 
A pharmacist may dispense naloxone hydrochloride in accordance with 
protocols established under Title 32, section 13815 to a member of an individual's 
immediate family or a friend of the individual or to another person in a position to 
assist the individual if the individual is at risk of experiencing an opioid-related drug 
overdose. 
D. If a member of an individual's immediate family, friend of the individual or other 
person is prescribed or provided naloxone hydrochloride in accordance with 
paragraph C or C-1, that family member, friend or other person may administer the 
naloxone hydrochloride to the individual if the family member, friend or other person 
believes in good faith that the individual is experiencing an opioid-related drug 
overdose. 
Nothing in this subsection affects the provisions of law relating to maintaining the 
confidentiality of medical records. 
Sec. 3. 22 MRSA §2353, sub-§3, as enacted by PL 2013, c. 579, § 1, is amended 
to read: 
3. Authorized administration of naloxone hydrochloride by law enforcement 
officers and municipal firefighters. A law enforcement agency as defined in Title 25, 
section 3701, subsection 1 or a municipal fire department as defined in Title 30-A, 
section 3151, subsection 1 is authorized to obtain a supply of naloxone hycliochloride to 
be administered in accordance with this subsection. A law enforcement officer as defined 
in Title 17-A, section 2, subsection 17, in accordance with policies adopted by the law 
enforcement agency, and a municipal firefighter as defined in Title 30-A, section 3151, 
subsection 2, in accordance with policies adopted by the municipality, may administer 
intranasal naloxone hydrochloride as ·clinically indicated if the officer or firefighter has 
received medical training in accordance with protocols adopted by the Medical Direction 
and Practices Board established in Title 32, section 83, subsection 16-B. The Medical 
Direction and Practices Board shall establish medical training protocols for law 
enforcement officers and municipal firefighters pursuant to this subsection. 
Sec. 4. 22 MRSA §2353, sub-§5 is enacted to read: 
5. Immunity. The following provisions provide immunity for actions taken in 
accordance with this section. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1054, L.D. 1547 
A. 
A health care professional or a pharmacist, acting in good faith and with 
reasonable care, is immune from criminal and civil liability and is not subject to 
professional disciplinary action for storing, dispensing or prescribing naloxone 
hydrochloride in accordance with this section or for any outcome resulting from such 
actions. 
B. A person. acting in good faith and with reasonable care, is immune from criminal 
and civil liability and is not subject to professional disciplinary action for possessing 
or providing to another person naloxone hydrochloride in accordance with this 
section or for administering naloxone hydrochloride in accordance with this section 
to an individual whom the person believes in good faith is experiencing an opioid-
related drug overdose or for any outcome resulting from such actions. 
Sec. 5. 32 MRSA c. 117, sub-c. 11-A is enacted to read: 
SUBCHAPTER 11-A 
DISPENSING OF NALOXONE HYDROCHLORIDE 
§13815. Authorization 
The board by rule shall establish procedures and standards for authorizing 
pharmacists to dispense naloxone hydrochloride. 
The rules must establish adequate 
training requirements and protocols · for dispensing naloxone hydrochloride by 
prescription drug order or standing order or pursuant to a collaborative practice 
agreement. Rules adopted under this section are routine technical rules as defined in Title 
5, chapter 375, subchapter 2-A. A pharmacist authorized by the board pursuant to this 
section to dispense naloxone hydrochloride may dispense naloxone hydrochloride in 
accordance with Title 22, section 2353. 
Sec. 6. Adoption of rules. The Maine Board of Pharmacy shall adopt rules 
pursuant to the Maine Revised Statutes, Title 32, section 13815 no later than July 1, 2017. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment, which is the majority report of the committee, replaces the bill, 
which establishes a fund for bulk purchases of naloxone hydrochloride for use by first 
responders. 
This amendment directs the Maine Board of Pharmacy to establish by rule procedures 
and standards for authorizing pharmacists to dispense naloxone hydrochloride. The rules 
must establish adequate training requirements and protocols for dispensing naloxone 
hydrochloride by prescription drug order or standing order or pursuant to a collaborative 
practice agreement. 
This amendment clarifies current law to allow first responders to obtain the naloxone 
hydrochloride that they are authorized to administer. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1054, L.D. 1547 
This amendment provides criminal, civil and professional disciplinary immunities for 
persons who, acting in good faith and with reasonable care, possess, store, prescribe, 
dispense or administer naloxone hydrochloride in accordance with the governing law. 
This amendment also adds an emergency preamble and emergency clause. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 03/29/16 ~ac 
LD 1547 
LR 2469(02) 
An Act To Provide Access to Affordable Naloxone Hydrochloride for First Responders 
Fiscal Note for Bill as Amended by Committee Amendment "/J...' c 
1-\ -(ojq') 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Additional costs to the Maine Board of Pharmacy within the Office of Professional and Occupational Regulation, 
Department of Professional and Financial Regulation, associated with the rulemaking process can be absorbed within 
existing budgeted resources. 
LR2469(02) - Fiscal Note - Page 1 of 1