An Act To Prevent Drug Overdose Deaths by Enhancing Access to Opioid Antagonists
Maine Legislature, Session 127, LD 0812
Committee: Health and Human Services
Sponsors: GRATWICK, GIDEON, DIAMOND, DUTREMBLE, HILL, MIRAMANT, VALENTINO, FREY, LONGSTAFF, PICCHIOTTI
Amends: 22 MRSA §2353, 22 MRSA §2353-A

Legislative Document 
No. 812 
S.P. 286 
In Senate, March 10, 2015 
An Act To Prevent Drug Overdose Deaths by Enhancing Access to 
Opioid Antagonists 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator GRATWICK of Penobscot. 
Cosponsored by Representative GIDEON of Freeport and 
Senators: DIAMOND of Cumberland, DUTREMBLE of York, HILL of York, MIRAMANT 
of Knox, VALENTINO of York, Representatives: FREY of Bangor, LONGSTAFF of 
Waterville, PICCHIOTTI of Fairfield. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §2353, as enacted by PL 2013, c. 579, §1, is repealed. 
Sec. 2.  22 MRSA §2353-A is enacted to read: 
§2353-A.  Opioid antagonists 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Opioid antagonist" means a drug that binds to opioid receptors and blocks or 
inhibits the effects of opioids acting on those receptors, including, but not limited to, 
naloxone hydrochloride, naltrexone and other medicines of the same class as 
naloxone hydrochloride and naltrexone. 
B.  "Opioid-related drug overdose" means a condition including, but not limited to, 
extreme physical illness, decreased level of consciousness, respiratory depression, 
coma or death resulting from the consumption or use of an opioid, or another 
substance with which an opioid was combined, or a condition that a person would 
reasonably believe to be an opioid-related drug overdose that requires medical 
assistance. 
2.  Immunity.  The following provisions govern immunity for persons who prescribe, 
possess or administer an opioid antagonist during an opioid-related drug overdose. 
A.  Notwithstanding any other provision of law, a health care practitioner otherwise 
authorized to prescribe an opioid antagonist may, directly or by standing order, 
prescribe and dispense an opioid antagonist to a person at risk of experiencing an 
opioid-related drug overdose or to a family member or friend of such a person or 
another person in a position to assist a person at risk of experiencing an opioid-
related drug overdose.  Any such prescription must be regarded as being issued for a 
legitimate medical purpose in the usual course of professional practice. 
B.  A health care practitioner who, acting in good faith and with reasonable care, 
prescribes or dispenses an opioid antagonist pursuant to paragraph A is not subject to 
criminal or civil liability or any professional disciplinary action for: 
(1)  Such prescribing or dispensing; or 
(2) Any outcomes resulting from the administration of the opioid antagonist. 
C.  Notwithstanding any other provision of law, a person acting in good faith may 
possess an opioid antagonist. 
D.  A person who, acting in good faith and with reasonable care, administers an 
opioid antagonist to another person whom the person believes to be experiencing an 
opioid-related drug overdose is immune from criminal prosecution, sanction under 
any professional licensing statute and civil liability for such act. 
3.  Exemption from pharmacy license for standing orders for opioid antagonists.  
Notwithstanding any other provision of law, a person acting under a standing order issued 
by a health care practitioner who is otherwise authorized to prescribe an opioid antagonist 
may store and dispense an opioid antagonist without being subject to the provisions of 
Title 32, chapter 117 as long as these activities are undertaken without charge or 
compensation. 
4.  Drug therapy information sheet.  For each opioid antagonist drug therapy 
initiated in accordance with this section, the licensed pharmacist dispensing the opioid 
antagonist shall provide the recipient of the opioid antagonist with a standardized fact 
sheet developed by the Maine Board of Pharmacy that includes, but is not limited to, the 
indications for use of the drug, the appropriate method for using the drug, the potential 
need for medical follow-up and referral information, information on opioid-related drug 
overdose and other appropriate information. 
5.  Confidentiality.  Nothing in this section affects the provisions of law relating to 
maintaining the confidentiality of medical records. 
SUMMARY 
This bill authorizes the prescription, possession and administration of opioid 
antagonists under certain circumstances and provides criminal and civil immunities for 
such prescription, possession and administration.