An Act To Allow Pharmacists To Dispense an Emergency Supply of Chronic Maintenance Drugs
Maine Legislature, Session 130, LD 1776
Committee: Health Coverage, Insurance and Financial Services
Sponsors: ROEDER, BALDACCI, HARNETT, MILLETT, OSHER, SUPICA
Amends: 24-A MRSA §2768-A, 32 MRSA §13813

Legislative Document
No. 1776
H.P. 1327
House of Representatives, December 2, 2021
An Act To Allow Pharmacists To Dispense an Emergency Supply of 
Chronic Maintenance Drugs
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Clerk of the House on November 30, 2021.  Referred to the Committee on 
Health Coverage, Insurance and Financial Services pursuant to Joint Rule 308.2 and ordered 
printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative ROEDER of Bangor.
Cosponsored by Senator BALDACCI of Penobscot and
Representatives: HARNETT of Gardiner, MILLETT of Cape Elizabeth, OSHER of Orono, 
SUPICA of Bangor.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, obtaining emergency supplies of chronic maintenance drugs is essential to 
the health and well-being of the citizens of the State; and
Whereas, insurance coverage for emergency supplies of chronic maintenance drugs 
is necessary to make obtaining those drugs practical; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  24-A MRSA §2768-A is enacted to read:
§2768-A.  Coverage for certain emergency prescription supplies
An individual health insurance policy, contract or certificate must make available 
coverage for emergency supplies of chronic maintenance drugs dispensed pursuant to Title 
32, section 13813 in the same manner as coverage for other drugs provided in the policy, 
contract or certificate.
Sec. 2.  32 MRSA §13813 is enacted to read:
§13813.  Dispensing of emergency supplies of chronic maintenance drug
1. Definition. For the purposes of this section, "chronic maintenance drug" means a 
medication prescribed to treat a chronic, long-term condition and that is taken on a regular, 
recurring basis. 
2. Emergency supply. A pharmacist may sell and dispense an emergency supply of a 
chronic maintenance drug without a current, valid prescription from a practitioner if the 
following conditions are satisfied:
A. The pharmacy at which the pharmacist is practicing has a record of a prescription 
for the chronic maintenance drug in the name of the patient who is requesting the 
emergency supply, including the amount of the drug dispensed as provided in the most 
recent prescription or the standard unit of dispensing for the drug;
B. The pharmacist attempts but is unable to obtain authorization to refill the 
prescription described in paragraph A from the practitioner who issued the prescription 
or another practitioner responsible for the patient's care; and
C. The chronic maintenance drug is not a controlled substance, including an opioid 
medication.
The pharmacist shall fulfill all documentation and other requirements established by the 
board when dispensing an emergency supply of a chronic maintenance drug.
3.  Rules.  The board shall adopt rules for determining what constitutes a chronic 
maintenance drug and what reporting procedures are necessary in dispensing an emergency 
supply of a chronic maintenance drug. Rules adopted by the board pursuant to this 
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill allows pharmacists to dispense an emergency supply of a chronic maintenance 
drug to a patient without a prescription if the pharmacist is unable to obtain authorization 
to refill the prescription from a health care provider and the pharmacist has a record of the 
prescription in the name of the patient, including the amount of the drug dispensed in the 
most recent prescription or the standard unit of dispensing the drug.  The bill does not apply 
to controlled substances, including opioids.  The bill requires insurance companies to 
provide coverage for the emergency supply.