An Act To Allow for the Sale of Nonprescription Drugs through Vending Machines
Maine Legislature, Session 129, LD 0037
Committee Amendment CA_A_H466 (House)
Amends: 32 MRSA §13751, 32 MRSA §13792

COMMITTEE AMENDMENT "A" to H.P. 38, L.D. 37, Bill, "An Act To Allow 
for the Sale of Nonprescription Drugs through Vending Machines" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 32 MRSA §13751, sub-§2, as amended by PL 2007, c. 402, Pt. DD, §22, 
is further amended to read: 
2. Classifications. Pharmacies must be licensed in classifications set out in this 
subsection. 
Each pharmacy must apply for a license in one of the following classifications: 
A. Retail pharmacy; 
B. Mail order prescription pharmacy; 
C. Wholesale pharmacy; 
D. Rural health center; SF 
E. Free clinic._;_m: 
F, Vending machine outlet. 
Sec. 2. 32 MRSA §13792, as enacted by PL 1987, c. 710, §5, is repealed and the 
following enacted in its place: 
§13792. Sale by certain methods prohibited 
1. Methods of sale prohibited. A person may not sell, distribute, vend or otherwise 
dispose of any drug, medicine or pharmaceutical or medical preparation by means of any 
public exhibition, entertainment, performance, carnival or by vending machines, except 
as described in subsection 2. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·A" to H.P. 38, L.D. 37 
2. Sale of nonprescription drugs by vending machines. The Maine Board of 
Pharmacy shall adopt rules to allow a phannacy licensed as a vending machine outlet in 
accordance with section 13751 to sell or distribute nonprescription drugs by vending 
machines. The rules must include, but are not limited to, the following: 
A. A requirement that only nonprescription drugs may be dispensed by a vending 
machine; 
B. A requirement that nonprescription drugs dispensed by a vending machine must 
be stored in accordance with manufacturer recommendations, including those that 
require a stable temperature; 
C. A requirement that nonprescription drugs dispensed by a vending machine must 
be sold only in the manufacturer's clearly labeled, original, unbroken, tamper-proof 
and expiration-dated packaging; 
D. A requirement that nonprescription drugs dispensed by a vending machine may 
not be older than the manufacturer's expiration date; 
E. 
A limitation that no more than 12 different nonprescription drugs may be 
dispensed by any single vending machine; 
F. A requirement that a vending machine tlu·ough which nonprescription drugs are 
dispensed must have an obvious and legible statement on the machine that identifies 
the owner of the machine, a toll-free telephone number at which the consumer may 
contact the owner of the machine, a statement advising the consumer to check the 
expiration date of the product before using the product and the telephone number of 
the board; 
G. 
Identification of any nonprescription drugs that may not be dispensed by a 
vending machine; and 
H. Identification of locations at which a vending machine dispensing nonprescription 
drugs may not be located, including the following: 
(1) Private schools as defined in Title 20-A, section 1, subsection 22; 
(2) Public preschool programs as defined in Title 20-A, section 1, subsection 
23-A; 
(3) Public schools as defined in Title 20-A, section 1, subsection 24; and 
(4) Child care facilities as defined in Title 22, section 8301-A, subsection 1-A, 
paragraph B.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment adds a "vending machine outlet" pharmacy licensing classification 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "ff,, to H.P. 38, L.D. 37 
and requires that the Maine Board of Pharmacy adopt rules in accordance with ce1tain 
specified requirements. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/23/19 feac 
LD37 
LR 156(02) 
An Act To Allow for the Sale of Nonprescription Drugs through Vending Machines 
Fiscal Note for Bill as Amended by Committee Amendment I}, { /J-y b t} 
Committee: Innovation, Development, Economic Advancement and Business 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Additional costs to the Maine Board of Pharmacy within the Department of Professional and Financial Regulation, 
Office of Professional and Occupational Regulation to implement the requirements of this legislation can be absorbed 
within existing budgeted resources. 
LR0156(02) - Fiscal Note - Page 1 of 1