An Act To Ensure Access to Opiate Addiction Treatment in Maine
Maine Legislature, Session 128, LD 0952
Committee: Health and Human Services
Sponsors: WOODSOME, POULIOT, BREEN, CUSHING, DION, GRATWICK, LANGLEY, BATTLE, HARVELL, VACHON
Amends: 32 MRSA §2211, 32 MRSA §2258-B, 32 MRSA §13751

Legislative Document
No. 952
S.P. 307
In Senate, March 9, 2017
An Act To Ensure Access to Opiate Addiction Treatment in Maine
Reference to the Committee on Health and Human Services suggested and ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator WOODSOME of York.
Cosponsored by Representative POULIOT of Augusta and
Senators: BREEN of Cumberland, CUSHING of Penobscot, DION of Cumberland, 
GRATWICK of Penobscot, LANGLEY of Hancock, Representatives: BATTLE of South 
Portland, HARVELL of Farmington, VACHON of Scarborough.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  32 MRSA §2211 is enacted to read: 
§2211.  Dispensing opioid medication to patients in opioid treatment programs 
A registered professional nurse and a certified nurse practitioner may dispense opioid 
medication for substance abuse treatment purposes to patients within an opioid treatment 
program under the direction of the medical director of the opioid treatment program. 
Sec. 2.  32 MRSA §2258-B is enacted to read: 
§2258-B.  Dispensing opioid medication to patients in opioid treatment programs 
A licensed practical nurse may dispense opioid medication for substance abuse 
treatment purposes to patients within an opioid treatment program under the direction of 
the medical director of the opioid treatment program. 
Sec. 3.  32 MRSA §13751, sub-§5 is enacted to read: 
5.  Opioid treatment program; pharmacist oversight of take-home medication 
dispensing.  An opioid treatment program under rules adopted by the board is not 
required to maintain a pharmacist in charge to be responsible for the opioid treatment 
program's compliance with this chapter, rules adopted by the board and federal and state 
laws, rules and regulations specified in board rules.  An opioid treatment program shall 
enter into a written agreement with a licensed pharmacist to serve as a consultant on the 
dispensing of opioid medication to patients for take-home use.  The consultant pharmacist 
shall visit the opioid treatment program at least once a month to review the 
pharmaceutical services and monitor the services to ensure accuracy and prepare a report 
including findings and recommendations for improvement.  The opioid treatment 
program shall maintain on site signed and dated reports for each on-site visit by the 
consultant pharmacist.  The consultant pharmacist shall develop procedures for the 
distribution and controls of drugs and biologicals in the opioid treatment program; 
compound, package, label and dispense all drugs to be administered to clients; inspect all 
areas where drugs are stored, including, but not limited to, emergency supplies, to ensure 
that all drugs are properly labeled, stored and controlled; and monitor drug therapy for 
drug interactions and incompatibilities and maintain documentation of the drug 
interactions and incompatibilities.  The opioid treatment program in consultation with the 
consultant pharmacist shall develop and implement written policies and procedures for 
control and accountability, distribution and assurance of quality of all drugs and 
biologicals.  The opioid treatment program shall maintain records for all transactions of 
pharmaceutical services as required by law and as necessary to maintain control of, and 
accountability for, all drugs and pharmaceutical supplies.  The dispensing of opioids for 
take-home use by an opioid treatment program may be undertaken by any professional 
whose scope of practice permits such dispensing.  The board 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. 
Sec. 4.  MaineCare reimbursement rates for outpatient opioid treatment.  
The Department of Health and Human Services shall amend its rule Chapter 101: 
MaineCare Benefits Manual, Chapter III, Section 65, Behavioral Health Services 
regarding the reimbursement rate paid to outpatient opioid treatment providers to increase 
the rate from $60 to $80 a week. The department may amend its rules to increase the rates 
above the reimbursement rates specified in this section at any time. The department shall 
take all necessary actions to implement the reimbursement increase under this section. 
Sec. 5.  Rate study.  The Department of Health and Human Services shall contract 
with a 3rd-party consultant to conduct a rate study regarding the reimbursement rate paid 
to outpatient opioid treatment providers under its rule Chapter 101: MaineCare Benefits 
Manual, Chapter III, Section 65, Behavioral Health Services. The rate study must account 
for provider costs related to outpatient opioid treatment services. The department shall 
ensure that the 3rd-party consultant conducting the study under this section invites the 
participation of stakeholders providing outpatient opioid treatment services. The 
department shall report its progress and findings under this section to the Joint Standing 
Committee on Health and Human Services no later than December 30, 2017. The 
committee may report out a bill related to the report to the Second Regular Session of the 
128th Legislature. 
Sec. 6.  Outpatient opioid treatment providers opening days.  The office of 
substance abuse and mental health services, division of licensing and regulatory services 
within the Department of Health and Human Services shall amend its rule Chapter 5:  
Regulations for Licensing and Certifying of Substance Abuse Treatment Programs to 
permit outpatient opioid treatment providers to remain open 6 days per week rather than 7 
days per week. 
SUMMARY 
This bill directs the Department of Health and Human Services to amend its rules to 
increase the MaineCare reimbursement rate for outpatient opioid treatment to $80 per 
week and to permit outpatient opioid treatment providers to be open 6 days per week as 
provided under federal law.  It directs the department to contract with a 3rd-party 
consultant to conduct a rate study regarding reimbursement to outpatient opioid treatment 
providers.  It authorizes opioid treatment programs under the Maine Pharmacy Act to 
operate without maintaining a pharmacist in charge but requires opioid treatment 
programs to enter into a written agreement with a licensed pharmacist to serve as a 
consultant to the opioid treatment program.  It authorizes registered professional nurses, 
certified nurse practitioners and licensed practical nurses to dispense opioid medication 
for substance abuse treatment purposes to patients in an opioid treatment program.