An Act To Amend the Definition of "Health Care Practitioner" in the Maine Health Security Act To Include Pharmacists
Maine Legislature, Session 127, LD 0141
Committee Amendment CA_A_H401 (House)
Amends: 22 MRSA §3174, 32 MRSA §13702, 32 MRSA §13702-A

COMMITTEE AMENDMENT "Ii" to H.P. 99, L.D. 141, Bill, "An Act To Amend 
the Definition of "Health Care Practitioner" in the Maine Health Security Act To Include 
Pharmacists " 
Amend the bill by striking out the title and substituting the following: 
'An Act To Require the Reimbursement of Pharmacists for Counseling under 
MaineCare' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 22 MRSA §3174~YY is enacted to read: 
§3174-YY. Reimbursement for pharmacist counseling services 
1. Reimbursement. Beginning January 1, 2016, the department shall provide for the 
reimbursement of pharmacists under the MaineCare program for counseling services as 
defmed in Title 32, section 13702-A, subsection 4-A. 
2. Rulemaking. The department shall adopt rules to implement this section. The 
rules must include, at a minimum, reimbursement levels and a description of products 
that require counseling services by a pharmacist. Rules must be adopted by January 1, 
2016. Rules adopted pursuant to this subsection are routine technical rules as dermed in 
Title 5, chapter 375, subchapter 2-A, 
Sec. 2. 32 MRSA §13702~A, sub~§4-A is enacted to read: 
4-A. Counseling services. "Counseling services" means the advising of a person 
related to the use of prescription drugs, including, but not limited to, tobacco cessation 
products, and to the use of nonprescription drugs, including, but not limited to, over-the-
counter nicotine replacement products. 
Sec. 3. 32 MRSA §13702-A, sub~§28, as amended by PL 2013, c. 308, §2, is 
further amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE M,1ENDMENT "Pr' to H.P. 99, L.D. 141 
23. Practice of pharmacy. "Practice of phannacy" 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 performance of collaborative drug therapy management; the 
responsibility for advising, when necessary or regulated, of therapeutic values, content, 
hazards and use of drugs and devices; counseling services; and the offering or performing 
of those acts, services, operations or transactions necessary in the conduct, operation, 
management and control of a pharmacy. I 
SUMMARY 
This amendment is the minority report of the committee. It strikes the bill and it 
requires pharmacists providing counseling services within the scope of their practice to be 
reimbursed by MaineCare. 
It provides a definition of "counseling services," which 
includes advising a person about prescription and nonprescription drugs that include but 
are not limited to tobacco cessation products, and includes counseling services in the 
scope of practice of pharmacists. It requires the Department of Health and Human 
Services to adopt routine technical rules to reimburse pharmacists for counseling services. 
FISCAL NOTE REQUIRED 
(See Attached) 
COMMITTEE AMENDMENT 
Approved: 06/10115 
p/cZC. 
LD 141 
LR 1430(02) 
An Act To Amend the Definition of "Health Care Practitioner" in the Maine Health Security Act To 
Include Pharmacists 
Fiscal Note for Bill as Amended by Committee Amendment 'If cH "",1j{)1 
Committee: Labor, Commerce, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Any additional costs to the Department of Health and Human Services to implement the provisions of this bill are 
expected to be minor and can be absorbed within existing budgeted resources. 
LR1430(02) - Fiscal Note - Page 1 of 1