An Act Regarding Opioids and Palliative Care
Maine Legislature, Session 128, LD 1325
Committee: Health and Human Services
Sponsors: BROOKS
Amends: 32 MRSA §2210, 32 MRSA §2600-C, 32 MRSA §3300-F, 32 MRSA §3657, 32 MRSA §18308

Legislative Document
No. 1325
H.P. 919
House of Representatives, April 4, 2017
An Act Regarding Opioids and Palliative Care
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative BROOKS of Lewiston.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  32 MRSA §2210, sub-§2, ¶A, as enacted by PL 2015, c. 488, §13, is 
amended to read: 
A.  When prescribing opioid medication to a patient for: 
(1)  Pain associated with active and aftercare cancer treatment; 
(2)  Palliative care, as defined in Title 22, section 1726, subsection 1, paragraph 
A, in conjunction with a serious illness, as defined in Title 22, section 1726, 
subsection 1, paragraph B; 
(2-A) Palliative care, as defined in Title 22, section 1726, subsection 1, paragraph 
A, under a management plan that is submitted by the individual licensed under 
this chapter and approved by the Department of Health and Human Services and 
that documents the need for ongoing treatment of the patient that exceeds the 
limits under subsection 1; 
(3)  End-of-life and hospice care; 
(4)  Medication-assisted treatment for substance use disorder; or 
(5)  Other circumstances determined in rule by the Department of Health and 
Human Services pursuant to Title 22, section 7254, subsection 2; and 
Sec. 2.  32 MRSA §2600-C, sub-§2, ¶A, as enacted by PL 2015, c. 488, §17, is 
amended to read: 
A.  When prescribing opioid medication to a patient for: 
(1)  Pain associated with active and aftercare cancer treatment; 
(2)  Palliative care, as defined in Title 22, section 1726, subsection 1, paragraph 
A, in conjunction with a serious illness, as defined in Title 22, section 1726, 
subsection 1, paragraph B; 
(2-A) Palliative care, as defined in Title 22, section 1726, subsection 1, paragraph 
A, under a management plan that is submitted by the individual licensed under 
this chapter and approved by the Department of Health and Human Services and 
that documents the need for ongoing treatment of the patient that exceeds the 
limits under subsection 1; 
(3)  End-of-life and hospice care; 
(4)  Medication-assisted treatment for substance use disorder; or 
(5)  Other circumstances determined in rule by the Department of Health and 
Human Services pursuant to Title 22, section 7254, subsection 2; and 
Sec. 3.  32 MRSA §3300-F, sub-§2, ¶A, as enacted by PL 2015, c. 488, §20, is 
amended to read: 
A.  When prescribing opioid medication to a patient for: 
(1)  Pain associated with active and aftercare cancer treatment; 
(2)  Palliative care, as defined in Title 22, section 1726, subsection 1, paragraph 
A, in conjunction with a serious illness, as defined in Title 22, section 1726, 
subsection 1, paragraph B; 
(2-A) Palliative care, as defined in Title 22, section 1726, subsection 1, paragraph 
A, under a management plan that is submitted by the individual licensed under 
this chapter and approved by the Department of Health and Human Services and 
that documents the need for ongoing treatment of the patient that exceeds the 
limits under subsection 1; 
(3)  End-of-life and hospice care; 
(4)  Medication-assisted treatment for substance use disorder; or 
(5)  Other circumstances determined in rule by the Department of Health and 
Human Services pursuant to Title 22, section 7254, subsection 2; and 
Sec. 4.  32 MRSA §3657, sub-§2, ¶A, as enacted by PL 2015, c. 488, §23, is 
amended to read: 
A.  When prescribing opioid medication to a patient for: 
(1)  Pain associated with active and aftercare cancer treatment; 
(2)  Palliative care, as defined in Title 22, section 1726, subsection 1, paragraph 
A, in conjunction with a serious illness, as defined in Title 22, section 1726, 
subsection 1, paragraph B; 
(2-A) Palliative care, as defined in Title 22, section 1726, subsection 1, paragraph 
A, under a management plan that is submitted by the individual licensed under 
this chapter and approved by the Department of Health and Human Services and 
that documents the need for ongoing treatment of the patient that exceeds the 
limits under subsection 1;  
(3)  End-of-life and hospice care; 
(4)  Medication-assisted treatment for substance use disorder; or 
(5)  Other circumstances determined in rule by the Department of Health and 
Human Services pursuant to Title 22, section 7254, subsection 2; and 
Sec. 5.  32 MRSA §18308, sub-§2, ¶A, as enacted by PL 2015, c. 488, §32, is 
amended to read: 
A.  When prescribing opioid medication to a patient for: 
(1)  Pain associated with active and aftercare cancer treatment; 
(2)  Palliative care, as defined in Title 22, section 1726, subsection 1, paragraph 
A, in conjunction with a serious illness, as defined in Title 22, section 1726, 
subsection 1, paragraph B; 
(2-A) Palliative care, as defined in Title 22, section 1726, subsection 1, paragraph 
A, under a management plan that is submitted by the individual licensed under 
this chapter and approved by the Department of Health and Human Services and 
that documents the need for ongoing treatment of the patient that exceeds the 
limits under subsection 1;  
(3)  End-of-life and hospice care; 
(4)  Medication-assisted treatment for substance use disorder; or 
(5)  Other circumstances determined in rule by the Department of Health and 
Human Services pursuant to Title 22, section 7254, subsection 2; and 
SUMMARY 
This bill allows an exemption from the limits on opioid medication prescribing for a 
patient receiving palliative care under a management plan that is submitted by a licensed 
medical professional caring for the patient and approved by the Department of Health and 
Human Services and that documents the need for ongoing treatment of the patient that 
exceeds the limits on opioid medication prescribing.