An Act To Fund Opioid Treatment by Establishing an Excise Tax on Manufacturers ofOpioids
Maine Legislature, Session 129, LD 1362
Committee Amendment CA_A-HA_B_H650 (House)

HOUSE AMENDMENT"/!,,, to COMMITTEE AMENDMENT "A" to H.P. 984, 
L.D. 1362, Bill, "An Act To Fund Opioid Treatment by Establishing an Excise Tax on 
Manufacturers ofOpioids" 
Amend the amendment in section 1 by striking out all of subsections 3 and 4 (page 1, 
lines 27 to 34 and page 2, lines I to 19 in amendment) and inserting the following: 
13. Report. Beginning in 2021, by April 1st of each calendar year, a manufacturer 
subject to the tax under Title 36, section 4941 shall report to the department in a form 
determined by the department information on opioids made by the manufacturer subject 
to the tax that were distributed in the State in the previous calendar year. 
4. Rules. The department, in consultation with the Maine Board of Pharmacy under 
Title 32. section 13711. shall adopt rules to carry out the purposes of this section. Except 
as provided in subsection 3. rules adopted under this subsection are routine technical rules 
as defined in chapter 375. subchapter 2-A.' 
Amend the amendment in section 2 in §4941 in subsection 1 by inserting at the end 
the following: 
1F. 
11UnW' means a single finished dosage form of an opioid. such as a pill. tablet, 
capsule, suppository. transdermal patch, buccal film, milliliter of liquid, milligram of 
topical preparation or any other form of opioid. 
G. "Wholesale acquisition cost
means the manufacturer's list price for an opioid unit 
to a wholesaler or direct purchaser in the United States. not including prompt pay or 
other discounts, rebates or reductions in price. for the most recent month for which 
the information is available, as reported in wholesale price guides or other 
publications of drug or biological pricing data.• 
Amend the amendment in section 2 in §4941 in subsection 2 by striking out all of 
paragraphs A and B {page 3, lines 9 and 10 in amendment) and inserting the following: 
'A. $0.0025 per moi:phine milligram equivalent if the wholesale acquisition cost is 
less than 50¢: and 
B. $0.015 per motphine milligram equivalent if the wholesale acquisition cost is 50¢ 
or more.' 
HOUSE AMENDMENT 
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HOUSE AMENDMENT "./J' to COMMITTEE AMENDMENT "A" to H.P. 984, L.D. 1362 
Amend the amendment by inserting before section 3 the following: 
'Sec. 3. Annual report; confidential information. By January 1, 2020, the 
Department of Health and Human Services shall adopt major substantive rules pursuant 
to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A identifying the 
information that must be provided in the annual report required under Title 5, section 
20010, subsection 3 and shall consider whether any of the information required in the 
report should be considered confidential under the Freedom of Access Act because it is 
proprietary or for other reasons. 
If the department recommends the collection of 
information that it recommends should be considered confidential, it shall submit those 
recommendations to the Legislature at the same time as the provisionally adopted major 
substantive rules are submitted under Title 5, section 8072, subsection 2. The joint 
standing committee of the Legislature having jurisdiction over the proposed rule may 
submit a bill to the Second Regular Session of the 129th Legislature relating to 
confidentiality of information required under the report that is the subject of the 
provisionally adopted rules.' 
Amend the amendment by relettering or renumbering any nonconsecutive Part letter 
or section number to read consecutively. 
SUMMARY 
This amendment is the same as House Amendment 
11A" to Committee Amendment 
11A
except that this amendment retains the appropriations and allocations section in 
Committee Amendment "A," which was removed in error by House Amendment 
11A
to 
Committee Amendment 
11A.
SPONSORED BY: /1!/me_ ~ 
(Representative O'NE 
TOWN: Saco 
HOUSE AMENDMENT