An Act To Remove Veterinarians from the Controlled Substances Prescription Monitoring Program
Maine Legislature, Session 128, LD 1730
Committee Amendment CA_A_S422 (Senate)
Amends: 22 MRSA §7246, 22 MRSA §7249, 22 MRSA §7251, 22 MRSA §7253, 32 MRSA §4878

COMMITTEE AMENDMENT "A " to S.P. 629, L.D. 1730, Bill, "An Act To 
Remove Veterinarians from the Controlled Substances Prescription Monitoring Program" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Change the Procedures for Veterinarians in the Controlled Substances 
Prescription Monitoring Program' 
Amend the bill by inserting after the enacting clause and before section 1 the 
following: 
1Sec. 1. 22 MRSA §7246, sub-§2, as amended by PL 2017, c. 213, §2, is repealed 
and the following enacted in its place: 
2. Dispenser. 
11Dispenser
means: 
A. A pharmacist who is licensed or registered under Title 32; or 
B. A veterinarian licensed under Title 32, chapter 71-A with authority to dispense a 
benzodiazepine or an opioid medication.' 
Amend the bill by striking out all of sections 2 to 6 and inserting the following: 
'Sec. 2. 22 MRSA §7249, sub-§1, as amended by PL 2017, c. 213, §3, is further 
amended to read: 
1. Information required. 
Except as provided in subsection 1-A or 1-B, each 
dispenser shall submit to the department, by electronic means or other format specified in 
a waiver granted by the department, specific items of information regarding dispensed 
controlled substances determined by the effiee department from the following list: 
A. The dispenser identification number; 
B. The date the prescription was filled; 
C. The prescription number; 
D. Whether the prescription is new or is a refill; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A " 
to S.P. 629, L.D. 1730 
E. The National Drug Code (NDC) for the drug dispensed; 
F. The quantity dispensed; 
G. The dosage; 
H. The patient identification number; 
I. The patient name; 
J. The patient address; 
K. The patient date of birth; 
L. The prescriber identification number; 
M. The date the prescription was issued by the prescriber; and 
N. The department-issued serial number if the department chooses to establish a 
serial prescription system. 
Sec. 3. 22 MRSA §7249, sub-§1-B is enacted to read: 
1-B. Small quantity dispensing by veterinarians. If a benzodiazepine or an opioid 
medication is dispensed by a veterinarian for an animal in a mobile or emergency setting 
or in an amount to be used during a period of 48 hours or less after the benzodiazepine or 
opioid medication is dispensed, the dispenser is not required to comply with subsection 1. 
Sec. 4. 22 MRSA §7251, sub-§1, as amended by PL 2015, c. 488, §8, is further 
amended to read: 
1. Failure to submit information. A dispenser who knowingly fails to submit 
prescription monitoring information to the department as required by this chapter 
commits a civil violation for which a fine of $250 per incident, not to exceed $5,000 per 
calendar year, may be adjudged and is subject to discipline by the Maine Board of 
Pharmacy pursuant to Title 32, chapter 117, subchapter 4, by the State Board of 
Veterinary Medicine pursuant to Title 32, chapter 71-A or by the applicable professional 
licensing entity. 
Sec. 5. 22 MRSA §7253, sub-§2, as amended by PL 2017, c. 213, §8, is further 
amended to read: 
2. Dispensers. On or after January 1, 2017, a A dispenser shall check prescription 
monitoring information prior to dispensing a benzodiazepine or an opioid medication to a 
person under any of the following circumstances: 
A. The person is not a resident of this State; 
B. The prescription is from a prescriber with an address outside of this State; 
C. The person is paying cash when the person has prescription insurance on file; or 
D. 
According to the pharmacy prescription record, the person has not had a 
prescription for a benzodiazepine or an opioid medication in the previous 12-month 
period. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 629, L.D. 1730 
A dispenser shall withhold a prescription until the dispenser is able to contact the 
prescriber of that prescription if the dispenser has reason to believe that the prescription is 
fraudulent or duplicative. 
Sec. 6. 22 MRSA §7253, sub-§2-A is enacted to read: 
2-A. Dispensers who are veterinarians. Notwithstanding subsection 2, a dispenser 
who is a veterinarian licensed under Title 32, chapter 71-A shall check prescription 
monitoring information prior to dispensing a benzodiazepine or an opioid medication for 
an animal except in circumstances described in subsection 3, paragraph C. 
Sec. 7. 22 MRSA §7253, sub-§3, as amended by PL 2017, c. 213, §9, is further 
amended to read: 
3. 
Exceptions. 
The requirements to check prescription monitoring information 
established in this section do not apply: 
A. 
When a licensed or certified health care professional directly orders or 
administers a benzodiazepine or an opioid medication to a person in an emergency 
room setting, an inpatient hospital setting, a long-term care facility or a residential 
care facility or in connection with a surgical procedure; 0f 
B. 
When a licensed or certified heath health care professional directly orders, 
prescribes or administers a benzodiazepine or an opioid medication to a person 
suffering from pain associated with end-of-life or hospice care.,;__QI 
C. When a veterinarian licensed under Title 32, chapter 71-A is providing care to an 
animal in a mobile or emergency setting or is dispensing a benzodiazepine or an 
opioid medication in an amount to be used during a period of 48 hours or less after 
the benzodiazepine or opioid medication is dispensed. 
Sec. 8. 32 MRSA §4878, as enacted by PL 2015, c. 488, §27, is amended to read: 
§4878. 
Requirements regarding prescribing and dispensing benzodiazepine or 
opioid medication 
1. Benzodiazepine or opioid medication dispensing. A veterinarian licensed under 
this chapter whose scope of practice includes prescribing dispensing a benzodiazepine or 
an opioid medication te for an animal is subject to the requirements of the Controlled 
Substances Prescription Monitoring Program established under Title 22, chapter 1603, 
except that Title 22, section 72§4 does not apply. 
2. Electronic prescribing. A veterinarian licensed under this chapter whose scope 
of practice includes prescribing a benzodiazepine or an opioid medication and who has 
the capability to electronically prescribe shall prescribe all benzodiazepine or opioid 
medication electronically by July 1, 2017. A veterinarian 
1.vho does not have the 
capability to electronically prescribe must request a 1.vaiver from this requirement from 
th6 Commission& of H6alth and Human S&Vic6s stating th6 masons for th6 lack of 
capability, the availability of broadband infrastructure and a plan for de:veloping the 
ability to electronically prescribe opioid medication. The commissioner may grant a 
waiver for circumstances in 1,vhich exceptions are appropriate, including prescribing 
outside of the individual's usual place of business and technological failures 2022 or 
when an electronic platform for prescribing is widely available for veterinarians if that 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"[\" to S.P. 629, L.D. 1730 
occurs before July 1, 2022 as determined by the Commissioner of Health and Human 
Services. A veterinarian licensed under this chapter unable to comply with the electronic 
prescribing requirements of this subsection may request a waiver from the Commissioner 
of Health and Human Services for circumstances in which exceptions are appropriate as 
determined by the Commissioner of Health and Human Services. 
3. Continuing education. By December 31, 2017, a A veterinarian who prescribes 
a benzodiazepine or an opioid medication must successfully complete 3 hours one hour of 
continuing education every 2 years on the administration, prescription and management 
of opioid medication controlled substances, including benzodiazepine and opioid 
medications, as a condition of prescribing a benzodiazepine or an opioid medication. The 
board shall may 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. 
4. Penalties. A veterinarian who violates this seotion oommits a oivil violation for 
whioh a fine of $250 per violation, not to exoeed $5,000 per oalendar year, may be 
adjudged. The Department of Health and Human Servioes is responsible for the 
Anfnrm1m.111t nfthis SAntinn I 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment retains the provisions of the bill that remove veterinarians from the 
definition of "prescriber" in the laws governing the Controlled Substances Prescription 
Monitoring Program so that veterinarians are not required to check the program when 
prescribing controlled substances, including opioids. 
The amendment provides that 
veterinarians who dispense benzodiazepines or opioid medications for animals are 
dispensers within the Controlled Substances Prescription Monitoring Program. 
It 
requires a veterinarian who dispenses a benzodiazepine or an opioid medication to check 
prescription monitoring information except when the veterinarian is operating in mobile 
or emergency circumstances or is dispensing less than 48 hours of medication. 
The 
amendment reestablishes the waiver on electronic prescribing of opioids that expired on 
0 
July 1, 2017. The amendment includes benzodiazepines under the waiver and provides 
that the waiver extends until July 1, 2022 unless an electronic platform becomes available 
earlier as determined by the Commissioner of Health and Human Services. 
After 
electronic prescribing is required, veterinarians may apply for a waiver from the 
Commissioner of Health and Human Services. The amendment retains the changes made 
by the bill to the continuing education requirements for veterinarians but reduces the 
amount of continuing education required for administration, prescription and 
7 
management of controlled substances from 3 hours every 2 years to one hour every 2 
8 
years and specifies that the requirements apply to veterinarians who prescribe 
benzodiazepines as well as to veterinarians who prescribe opioid medications. It allows 
the State Board of Veterinary Medicine to adopt rules rather than requiring rulemaking. 
COMMITTEE AMENDMENT