An Act To Amend the Maine Pharmacy Act
Maine Legislature, Session 130, LD 0004
Committee: Health Coverage, Insurance and Financial Services
Amends: 32 MRSA §13702-A, 32 MRSA §13721, 32 MRSA §13732, 32 MRSA §13733, 32 MRSA §13733-A, 32 MRSA §13752, 32 MRSA §13753, 32 MRSA §13833, 32 MRSA §13835

Legislative Document
No. 4
S.P. 11
In Senate, January 13, 2021
An Act To Amend the Maine Pharmacy Act
Submitted by the Department of Professional and Financial Regulation pursuant to Joint 
Rule 204.
Received by the Secretary of the Senate on January 11, 2021.  Referred to the Committee 
on Health Coverage, Insurance and Financial Services pursuant to Joint Rule 308.2 and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator SANBORN, H. of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  32 MRSA §13702-A, sub-§23, as enacted by PL 2007, c. 402, Pt. DD, §2, 
is amended to read:
23.  Pharmacist in charge.  "Pharmacist in charge" means the a pharmacist who is 
responsible for the licensing of the accepts responsibility for the operation of a licensed 
pharmacy in conformance with applicable laws.
Sec. 2.  32 MRSA §13721, sub-§1, ¶A, as enacted by PL 1987, c. 710, §5, is 
amended to read:
A.  The licensing by examination or by reciprocity endorsement of applicants who are 
qualified to engage in the practice of pharmacy under this Act;
Sec. 3.  32 MRSA §13732, sub-§1, ¶C, as enacted by PL 1987, c. 710, §5, is 
repealed.
Sec. 4.  32 MRSA §13733, as amended by PL 2007, c. 402, Pt. DD, §14, is repealed.
Sec. 5.  32 MRSA §13733-A is enacted to read:
§13733-A.  Licensure by endorsement
1.  Requirements.  To obtain a license as a pharmacist by endorsement, an applicant 
for licensure must:
A.  Have submitted an application as prescribed by the board together with the fee as 
set under section 13724;
B.  Have attained 21 years of age; and
C.  Present proof of:
(1)  Having a valid license or authorization to practice as a pharmacist from another 
state or other jurisdiction of the United States as long as no cause exists for denial 
of a license under section 13742-A;
(2)  Having a valid license or authorization to practice as a pharmacist in another 
country that maintains professional standards that are equivalent to or higher than 
those in this chapter, as long as no cause exists for denial of a license under section 
13742-A.  The board may require the applicant to pass an examination required by 
the board in rule; or
(3)  Having met educational, experience and examination requirements that are 
equivalent to or higher than the requirements set by this chapter, as long as no cause 
exists for denial of a license under section 13742-A.  The board may require the 
applicant to pass an examination required by the board in rule.
2.  Exception.  If an otherwise qualified applicant for licensure by endorsement has 
had a license suspended, revoked, cancelled or otherwise restricted for any reason, the 
board may assess the prior disciplinary event and, in its discretion, issue the license.
Sec. 6.  32 MRSA §13752, sub-§2, ¶C, as amended by PL 2007, c. 402, Pt. DD, 
§24, is further amended to read:
C.  Identity of the pharmacist licensed to practice in the State who will be the 
pharmacist in charge of the pharmacy, when one is required by this chapter, and such 
further information as the board may determine necessary.  The board shall adopt rules 
identifying the duties and responsibilities of the pharmacist in charge, which must 
include, at a minimum, responsibility for ensuring the pharmacy's compliance with all 
state and federal laws, rules and regulations pertaining to the practice of pharmacy, the 
distribution of drugs by the pharmacy and the licensure of pharmacy personnel.  A 
pharmacist may be the pharmacist in charge for only one pharmacy, except upon the 
pharmacist applying for and receiving written authorization from as otherwise 
determined by the board by rule. The position of pharmacist in charge may not be held 
by a qualified assistant pharmacist; and
Sec. 7.  32 MRSA §13752, sub-§2, ¶D, as enacted by PL 1999, c. 130, §11, is 
amended to read:
D.  A certification Attestation by the pharmacist identified as the pharmacist in charge 
that the pharmacist has read and understands the requirements and duties of a 
pharmacist in charge set forth in board rules.
Sec. 8.  32 MRSA §13753, sub-§1, as amended by PL 2007, c. 402, Pt. DD, §26, 
is further amended to read:
1.  Changes.  All licensed pharmacies shall report to the board, by mail or, fax or 
electronic communication as accepted by the board, the occurrence of any of the following 
changes:
A.  Permanent closing, which requires 14 10 calendar days' prior notice to the public 
and to the board;
B.  Change of ownership, which requires 7 10 calendar days' prior notice to the board;
C.  Change of pharmacist, in charge which requires notice no later than 7 10 calendar 
days after the change; and
D.  Any other matters and occurrences as the board may require by rule.
Sec. 9.  32 MRSA §13833, first ¶, as amended by PL 2011, c. 577, §6, is further 
amended to read:
The A pharmacist shall administer drugs and vaccines in compliance with a treatment 
protocol established by a practitioner authorized under the laws of this State to order 
administration of those drugs and vaccines approved by the board.  A copy of the original 
treatment protocol must be submitted to the board and any subsequent revisions to the 
treatment protocol must be kept on the premises of the pharmacy and be available to the 
board or the board's representative upon request.  At a minimum the treatment protocol 
must include:
Sec. 10.  32 MRSA §13835, sub-§1, as amended by PL 2011, c. 577, §8, is further 
amended to read:
1.  Criteria.  Criteria for the operation of a vaccine administration clinic inside, outside 
or off the premises of a retail pharmacy, rural health clinic or free clinic licensed under 
section 13751. The rules must require one-time board approval of the plan of operation for 
any vaccine administration clinics to be operated by a pharmacist or pharmacy and may not 
require board approval of each individual clinic;
SUMMARY
This bill makes the following changes to the Maine Pharmacy Act.
1.  It clarifies the responsibility of the pharmacist in charge of a pharmacy.
2.  It repeals the character reference requirement for licensure.
3.  It updates and clarifies requirements for licensure by endorsement.
4.  It updates the timeline for certain reporting requirements.
5.  It eliminates the requirement for submission of a vaccine administration treatment 
protocol to and approval by the Maine Board of Pharmacy and requires pharmacies to 
maintain a protocol on the premises and make it available to the board upon request.