An Act To Prevent Accidental Overdoses by Establishing a Protocol for Prescription Drug Recovery
Maine Legislature, Session 130, LD 0330
Committee: Health and Human Services
Sponsors: GRAMLICH, CARNEY, CRAVEN, EVANS, KESSLER, MEYER, O'CONNOR, PERRY, ZAGER
Amends: 22 MRSA §7246, 22 MRSA §7249

Legislative Document
No. 330
H.P. 234
House of Representatives, February 8, 2021
An Act To Prevent Accidental Overdoses by Establishing a Protocol 
for Prescription Drug Recovery
Received by the Clerk of the House on February 4, 2021.  Referred to the Committee on 
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative GRAMLICH of Old Orchard Beach.
Cosponsored by Senator CARNEY of Cumberland and
Representatives: CRAVEN of Lewiston, EVANS of Dover-Foxcroft, KESSLER of South 
Portland, McCREA of Fort Fairfield, MEYER of Eliot, O'CONNOR of Berwick, PERRY of 
Calais, ZAGER of Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §7246, sub-§2, as repealed and replaced by PL 2017, c. 360, §1, 
is amended to read:
2.  Dispenser.  "Dispenser" means:
A.  A pharmacist who is licensed or registered under Title 32; or
B.  A veterinarian licensed under Title 32, chapter 71‑A with authority to dispense a 
benzodiazepine or an opioid medication.; or
C.  An administering provider as defined in section 7351, subsection 1, paragraph A.
Sec. 2.  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 or 1-C, 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 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. 3.  22 MRSA §7249, sub-§1-C is enacted to read:
1-C.  Dispensing by administering providers.  If a controlled substance is dispensed 
by an administering provider, as defined in section 7351, subsection 1, paragraph A, that 
administering provider is required to provide only the information required by subsection 
1, paragraphs B, D and F to K.
Sec. 4.  22 MRSA c. 1627 is enacted to read:
CHAPTER 1627
MONITORING, CONTAINMENT AND DISPOSAL OF CONTROLLED 
SUBSTANCES
§7351.  Monitoring, containment and disposal of controlled substances
A provider that administers a controlled substance to an adult with long-term care needs 
is subject to the requirements of this section.
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Administering provider" means a provider that administers a controlled substance, 
pursuant to a prescription, to a client-patient.  "Administering provider" includes an 
employee or contractor of a provider but does not include a family member of the 
client-patient.
B.  "Client-patient" means an adult with long-term care needs to whom an 
administering provider administers a controlled substance.
C.  "Controlled substance" has the same meaning as in section 7246, subsection 1.
2.  Monitoring.  An administering provider shall document the quantity and strength 
of any controlled substance obtained for a client-patient.  The administering provider shall 
comply with the requirements of the Controlled Substances Prescription Monitoring 
Program established under Title 22, section 7248, including the reporting requirements of 
section 7249, subsection 1, as limited by section 7249, subsection 1-C.
3.  Containment.  An administering provider shall keep any controlled substances 
prescribed and obtained for a client-patient in a locked container to which only the 
administering provider, the client-patient and, if there is one, a designated caregiver have 
access.
4.  Retrieval and disposal of controlled substances; documentation; reporting.  
Upon the death of a client-patient for whom the administering provider was providing in-
home and community support services immediately prior to that client-patient's death, the 
administering provider shall collect all unused controlled substances that were prescribed 
and obtained for the client-patient.  The administering provider shall document the 
controlled substances collected, including the National Drug Code, quantity and strength 
of each controlled substance, properly dispose of the collected controlled substances and 
document the manner of disposal.  Following disposal, the administering provider shall 
provide all documentation performed pursuant to this subsection to the department in the 
same manner as information is provided to the department pursuant to section 7249, 
subsection 1.
5.  Development of written policy; submission for review.  Each administering 
provider shall develop a written policy for how that administering provider will document, 
collect and dispose of controlled substances in compliance with the requirements of this 
chapter.  The administering provider shall submit the policy, including any changes made 
to the policy subsequent to initial submission, to the department for review.
6.  Rulemaking.  The department shall adopt routine technical rules, pursuant to Title 
5, chapter 375, subchapter 2-A, to implement the provisions of this chapter, including 
providing guidance for methods of proper disposal of controlled substances collected 
pursuant to subsection 4.
SUMMARY
This bill seeks to reduce accidental overdose deaths caused by access to unused 
controlled substances by:
1.  Requiring an entity, agency, facility or individual who offers or plans to offer any 
in-home or community support services or institutionally based long-term care services and 
who administers a controlled substance to an adult with long-term care needs as part of 
those services, referred to in the bill as "an administering provider," to document any 
controlled substance prescribed and obtained for the adult with long-term care needs, 
referred to in the bill as "the client-patient," and to participate in the Controlled Substances 
Prescription Monitoring Program under the Maine Revised Statutes, Title 22, chapter 1603, 
with certain exceptions;
2.  Requiring that all controlled substances be kept in a locked container to which only 
the administering provider, the client-patient and, if there is one, a designated caregiver 
have access; and
3.  Requiring the administering provider, upon the death of the client-patient, to collect 
any unused controlled substances that were prescribed and obtained for that client-patient 
and dispose of them properly after documenting the National Drug Code, quantity and 
strength.  The administering provider is required to submit this documentation, including 
the manner of disposal of the controlled substances collected from the deceased client-
patient, to the Department of Health and Human Services using the reporting system 
established in the Controlled Substances Prescription Monitoring Program under the Maine 
Revised Statutes, Title 22, chapter 1603.