An Act Relating to the Provision of Tobacco Cessation Services by Pharmacists
Maine Legislature, Session 128, LD 0455
Committee: Health and Human Services
Sponsors: CHACE, BELLOWS, GILLWAY, GROHMAN, MALABY, PERRY, WINSOR
Amends: 22 MRSA §3174-Z, 32 MRSA §13702-A

Legislative Document
No. 455
H.P. 322
House of Representatives, February 7, 2017
An Act Relating to the Provision of Tobacco Cessation Services by 
Pharmacists
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative CHACE of Durham.
Cosponsored by Senator BELLOWS of Kennebec and Representatives: GILLWAY of 
Searsport, GROHMAN of Biddeford, MALABY of Hancock, PERRY of Calais, WINSOR of 
Norway.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §3174-ZZ is enacted to read: 
§3174-ZZ.  Reimbursement for pharmacist tobacco cessation services 
1.  Reimbursement.  By January 1, 2018, the department shall provide for the 
reimbursement of pharmacists under the MaineCare program for tobacco cessation 
counseling services and the furnishing of nicotine replacement products approved by the 
federal Food and Drug Administration as authorized pursuant to Title 32, section 
13702-A, subsection 28 and in accordance with rules adopted by the Department of 
Professional and Financial Regulation, Maine Board of Pharmacy. 
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 adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 2.  32 MRSA §13702-A, sub-§28, as amended by PL 2013, c. 308, §2, is 
further amended to read: 
28.  Practice of pharmacy.  "Practice of pharmacy" 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; the provision of tobacco cessation counseling 
services and the furnishing of nicotine replacement products approved by the United 
States Food and Drug Administration; and the offering or performing of those acts, 
services, operations or transactions necessary in the conduct, operation, management and 
control of a pharmacy. 
Sec. 3.  Rulemaking.  By January 1, 2018, the Department of Professional and 
Financial Regulation, Maine Board of Pharmacy shall adopt, in consultation with the 
Board of Licensure in Medicine, rules for the provision of tobacco cessation counseling 
services by pharmacists and the furnishing by pharmacists of nicotine replacement 
products approved by the federal Food and Drug Administration as described in the 
Maine Revised Statutes, Title 32, section 13702-A, subsection 28.  The rules must 
include standardized procedures and protocols for record keeping, notification of health 
care providers and monitoring patients, as well as smoking cessation therapy training 
requirements for pharmacists.  Rules adopted pursuant to this section are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
This bill amends the laws governing the practice of pharmacy to expressly include 
tobacco cessation counseling services and the furnishing of nicotine replacement products 
approved by the federal Food and Drug Administration.  It also requires pharmacists to be 
reimbursed by the MaineCare program for these services.  It requires the Department of 
Health and Human Services to adopt rules by January 1, 2018 for the reimbursement of 
pharmacists for counseling services.  It also requires the Department of Professional and 
Financial Regulation, Maine Board of Pharmacy to adopt rules by January 1, 2018 in 
consultation with the Board of Licensure in Medicine for the provision of tobacco 
cessation counseling services by pharmacists and the furnishing by pharmacists of 
nicotine replacement products that are approved by the federal Food and Drug 
Administration.