An Act To Expand and Rename the Controlled Substances Prescription Monitoring Program (AFTER DEADLINE)
Maine Legislature, Session 129, LD 2117
Committee: Health Coverage, Insurance and Financial Services
Sponsors: HYMANSON, CLAXTON, GRATWICK
Amends: 5 MRSA §20047, 22 MRSA §7245, 22 MRSA §7246, 22 MRSA §7247, 22 MRSA §7248, 22 MRSA §7249, 22 MRSA §7250, 22 MRSA §7255, 32 MRSA §3656, 32 MRSA §4864, 32 MRSA §4878

Legislative Document
No. 2117
H.P. 1511
House of Representatives, February 25, 2020
An Act To Expand and Rename the Controlled Substances 
Prescription Monitoring Program
(AFTER DEADLINE)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205.
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative HYMANSON of York.
Cosponsored by Senators: CLAXTON of Androscoggin, GRATWICK of Penobscot, 
SANBORN, L. of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §20047, sub-§3, as enacted by PL 2017, c. 243, §1 and affected 
by §5, is amended to read:
3.  Medical emergency; methadone.  Notwithstanding subsection 1, records relating 
to methadone treatment of a patient for the treatment of opioid dependency that have been 
entered into the Controlled Substances Prescription Monitoring Program established 
under Title 22, section 7248 may be disclosed in an emergency setting only to the extent 
necessary to meet a bona fide medical emergency in which the patient's prior informed 
consent cannot be obtained and only to the health care professionals involved in treating 
the patient.  Any disclosure of records pursuant to this subsection must be documented as 
described in Title 22, section 7250, subsection 7.
Sec. 2.  22 MRSA c. 1603, headnote  is amended to read:
CHAPTER 1603
CONTROLLED SUBSTANCES PRESCRIPTION MONITORING 
Sec. 3.  22 MRSA §7245, as amended by PL 2017, c. 407, Pt. A, §87, is further 
amended to read:
§7245.  Legislative intent
It is the intent of the Legislature that the prescription monitoring program established 
pursuant to this chapter serve as a means to improve and promote the public health and 
welfare, promote appropriate and safe prescribing practices and to detect and prevent 
substance use disorder disorders.  This chapter is not intended to interfere with the 
legitimate medical use of controlled substances.
Sec. 4.  22 MRSA §7246, sub-§2-A is enacted to read:
2-A.  Federally qualified health center.  "Federally qualified health center" means a 
health center receiving a reimbursement designation from the United States Department 
of Health and Human Services, Bureau of Primary Health Care and Centers for Medicare 
and Medicaid Services or a health center determined by the Secretary of the United States 
Department of Health and Human Services to meet the requirements for receiving a grant 
based on recommendations of the federal Health Resources and Services Administration.
Sec. 5.  22 MRSA §7246, sub-§3, as enacted by PL 2003, c. 483, §1, is amended 
to read:
3.  Fund.  "Fund" means the Controlled Substances Prescription Monitoring Program 
Fund established in section 7247.
Sec. 6.  22 MRSA §7246, sub-§3-A is enacted to read:
3-A.  Medical practice.  "Medical practice" means a location where one or more 
licensed health care professionals with authority to prescribe controlled substances or 
prescription drugs provide health care services.
Sec. 7.  22 MRSA §7246, sub-§5, as amended by PL 2017, c. 360, §2, is further 
amended to read:
5.  Prescriber.  "Prescriber" means a licensed health care professional with authority 
to prescribe controlled substances or prescription drugs.
Sec. 8.  22 MRSA §7246, sub-§5-A is enacted to read:
5-A.  Prescription drug.  "Prescription drug" has the same meaning as in Title 32, 
section 13702-A, subsection 30.
Sec. 9.  22 MRSA §7246, sub-§7, as enacted by PL 2003, c. 483, §1, is amended 
to read:
7.  Program.  "Program" means the Controlled Substances Prescription Monitoring 
Program established under section 7248.
Sec. 10.  22 MRSA §7247, as amended by PL 2011, c. 657, Pt. AA, §66, is further 
amended to read:
§7247.  Controlled Substances Prescription Monitoring Program Fund
The Controlled Substances Prescription Monitoring Program Fund is established 
within the department to be used by the commissioner to fund or assist in funding the 
program.  Any balance in the fund does not lapse but is carried forward to be expended 
for the same purposes in succeeding fiscal years.  The fund must be deposited with and 
maintained and administered by the department.  The commissioner may accept funds 
into the fund from any source, public or private, including grants or contributions of 
money or other things of value, that the commissioner determines necessary to carry out 
the purposes of this chapter.  Money received by the department to establish and maintain 
the program must be used for the expenses of administering this chapter.  
Sec. 11.  22 MRSA §7248, as amended by PL 2011, c. 657, Pt. AA, §67, is further 
amended to read:
§7248.  Controlled Substances Prescription Monitoring Program
1.  Establishment of monitoring program.  Contingent upon the receipt of funds 
pursuant to section 7247 sufficient to carry out the purposes of this chapter, the 
Controlled Substances Prescription Monitoring Program is established.  No later than 
January 2, 2004, to implement the program, the department shall establish an electronic 
system for monitoring any controlled substance that is dispensed to a person in the State 
by a dispenser.  No later than January 1, 2021, the department shall expand the program 
to include the reporting of the dispensing of all prescription drugs, excluding 
noncontrolled drugs not intended for human consumption.
2.  Contract for services.  The department may contract with a vendor to establish 
and maintain the program pursuant to rules adopted by the department.
3.  Information available.  The program must rapidly provide information in an 
electronic format to prescribers and dispensers.
Sec. 12.  22 MRSA §7249, sub-§1, as amended by PL 2017, c. 360, §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 prescription drugs determined by the 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;
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. 13.  22 MRSA §7249, sub-§1-A, as enacted by PL 2017, c. 213, §4, is 
amended to read:
1-A.  Small quantity dispensing.  If a controlled substance prescription drug is 
dispensed by a hospital emergency department to a person receiving care in the 
emergency department for use by that person during a period of 48 hours or less after the 
controlled substance prescription drug is dispensed, the dispenser is not required to 
comply with subsection 1.
Sec. 14.  22 MRSA §7250, sub-§4, ¶K, as amended by PL 2017, c. 213, §6, is 
further amended to read:
K.  The chief medical officer, medical director or other administrative prescriber 
employed by a licensed hospital, federally qualified health center or medical practice, 
insofar as the information relates to prescriptions written by prescribers employed by 
that licensed hospital, federally qualified health center or medical practice; and
Sec. 15.  22 MRSA §7255 is enacted to read:
§7255.  Construction
Nothing in this chapter may be construed as requiring a prescriber or dispenser to 
access the program to review the prescribing or dispensing for a patient except for those 
instances in which access is required in order to comply with the provisions of section 
7253.
Sec. 16.  32 MRSA §3656, sub-§5, as enacted by PL 2015, c. 488, §22, is 
amended to read:
5.  Controlled Substances Prescription Monitoring Program.  Failure to comply 
with the requirements of set forth in Title 22, section 7253.
Sec. 17.  32 MRSA §4864, sub-§15, as enacted by PL 2015, c. 488, §26, is 
amended to read:
15.  Controlled Substances Prescription Monitoring Program.  Failure to comply 
with the requirements of set forth in Title 22, section 7253.
Sec. 18.  32 MRSA §4878, sub-§1, as amended by PL 2017, c. 360, §9, is further 
amended to read:
1.  Benzodiazepine or opioid medication dispensing.  A veterinarian licensed under 
this chapter whose scope of practice includes dispensing a benzodiazepine or an opioid 
medication for an animal is subject to the requirements of the Controlled Substances 
Prescription Monitoring Program established under Title 22, chapter 1603.
Sec. 19.  Prescription Monitoring Program expansion funding.  The 
Department of Health and Human Services shall apply in a timely manner for federal 
funds and any other available funds to support the expansion of the Prescription 
Monitoring Program as set out in this Act.
SUMMARY
This bill amends the provisions of law governing the Controlled Substances 
Prescription Monitoring Program to require dispensers to report all prescription drugs 
dispensed intended for human consumption rather than controlled substances only, 
allowing the program database to be used for medication reconciliation and other patient 
safety activities.  The enhanced program allows pharmacists and all prescribers to obtain 
a complete record of all medication prescribed to a patient, identifying the prescriber for 
each drug and listing the dates on which each prescription was filled.  This information 
gives health care providers additional means to ensure that patients do not have adverse 
reactions due to incompatible drug interactions or overprescribing of medications from 
multiple prescribers.  The program name is changed to the Prescription Monitoring 
Program to reflect its wider scope.  The bill also directs the Department of Health and 
Human Services to apply for federal funds and seek other funding sources to develop the 
improvements to the program.