An Act To Provide Ready Access to Defibrillators in Businesses and Pharmacies
Maine Legislature, Session 129, LD 1169
Committee: Innovation, Development, Economic Advancement and Business
Sponsors: DESCHAMBAULT, MORALES, BELLOWS, CLAXTON
Amends: 10 MRSA §9722, 32 MRSA §13752-A

Legislative Document
No. 1169
S.P. 355
In Senate, March 7, 2019
An Act To Provide Ready Access to Defibrillators in Businesses and 
Pharmacies
Reference to the Committee on Innovation, Development, Economic Advancement and 
Business suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator DESCHAMBAULT of York.
Cosponsored by Representative MORALES of South Portland and
Senators: BELLOWS of Kennebec, CLAXTON of Androscoggin.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  10 MRSA §9722, sub-§6, ¶M, as amended by PL 2015, c. 126, §2, is 
further amended to read:
M.  Adopt, amend and maintain the Maine Uniform Building Code and the Maine 
Uniform Energy Code; and
Sec. 2.  10 MRSA §9722, sub-§6, ¶N, as enacted by PL 2015, c. 126, §3, is 
amended to read:
N.  In the adoption and amendment of the Maine Uniform Building and Energy Code, 
ensure that buildings used to house livestock or harvested crops are not subject to the 
code.; and
Sec. 3.  10 MRSA §9722, sub-§6, ¶O is enacted to read:
O.  In the adoption and amendment of the Maine Uniform Building and Energy Code, 
adopt standards requiring that commercial buildings built or renovated on or after 
January 1, 2020, with occupant capacity exceeding 200 individuals, have on the 
premises an operational automated external defibrillator, as defined in Title 22, 
section 2150-C.
Sec. 4.  32 MRSA §13752-A, as amended by PL 2007, c. 402, Pt. DD, §25, is 
further amended to read:
§13752-A.  Facility requirements; site inspections
1.  Opening facility.  Pharmacies licensed pursuant to this subchapter may open and 
operate the  facility only:
A.  Upon the approval of the board or its representative; or
B.  Upon the pharmacist in charge certifying to the board, on forms prescribed by the 
board, that the facility is secure, suitable for operation as a pharmacy and in 
compliance with applicable federal and state laws, rules and regulations governing 
the practice of pharmacy.
2.  Facility inspection.  Licensed pharmacies that open and operate pursuant to 
subsection 1, paragraph B must be inspected by a member of the board or its 
representative within 30 days of opening.  Facilities that are found to be insecure, not 
suitable for operation as a pharmacy or not in compliance with applicable federal and 
state laws, rules and regulations governing the practice of pharmacy are subject to a 
board-ordered emergency revocation of the license.  The pharmacy may not operate after 
revocation.  The emergency revocation is a final agency action and is not subject to 
judicial review, but a new application for licensure may be submitted pursuant to section 
13752, and if approved, a site inspection must be performed pursuant to subsection 1, 
paragraph A.
3.  Automated external defibrillators.  Beginning January 1, 2020, pharmacies 
licensed as retail pharmacies, rural health center pharmacies and free clinic pharmacies 
must ensure that there is an operational automated external defibrillator, as defined in 
Title 22, section 2150-C, on the premises of the pharmacy and that at least one individual 
trained in the appropriate and safe use of an automated external defibrillator is present at 
all times the pharmacy is open to the public.  The member of the board or its 
representative conducting the site inspection pursuant to subsection 2 shall ensure the 
automated external defibrillator is on the premises and operational.
SUMMARY
This bill requires the Technical Building Codes and Standards Board to amend the 
Maine Uniform Building and Energy Code to require that commercial buildings built or 
renovated on or after January 1, 2020 with occupancy exceeding 200 individuals have an 
operational automated external defibrillator on the premises. The bill also requires that 
retail pharmacies, rural health center pharmacies and free clinic pharmacies have an 
automated external defibrillator on the premises, and that an individual trained in the use 
of the defibrillator be present at all times the pharmacy is open to the public.