An Act Relating to Long-term Care Pharmacies
Maine Legislature, Session 131, LD 0252
Committee: Health Coverage, Insurance and Financial Services
Sponsors: VITELLI, BAILEY, DAUGHTRY, CLUCHEY, JAUCH
Amends: 32 MRSA §13702-A, 32 MRSA §13712, 32 MRSA §13751, 32 MRSA §13791

Legislative Document
No. 252
S.P. 118
In Senate, January 20, 2023
An Act Relating to Long-term Care Pharmacies
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator VITELLI of Sagadahoc.
Cosponsored by Senators: BAILEY of York, DAUGHTRY of Cumberland, Representatives: 
CLUCHEY of Bowdoinham, JAUCH of Topsham.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  32 MRSA §13702-A, sub-§12-B is enacted to read:
12-B.  Enhanced pharmacy and clinical services.  "Enhanced pharmacy and clinical 
services" means services defined by the board by rule, including but not limited to:
A. Dispensing of drugs pursuant to a prescription or chart order in specialized 
packaging, including unit-of-use packaging, unit-dose packaging, single-use 
containers, packaging from remote automated dispensing technology or other required 
packaging;
B. Comprehensive drug utilization review and appropriate clinical monitoring, 
including monitoring to identify potential adverse drug reactions and inappropriate 
drug usage;
C. Drug reconciliation services at the transition of care into and out of a long-term care 
setting and other necessary clinical management and drug services; 
D. Timely drug delivery 24 hours a day, 7 days a week;
E. Pharmacist on-call availability to provide dispensing and clinical services 24 hours 
a day, 7 days a week; and
F. Providing of emergency supplies of drugs as permitted by law, including emergency 
kits or remote automated dispensing technology.
Sec. 2.  32 MRSA §13702-A, sub-§14-B is enacted to read:
14-B.  Individuals who require enhanced drug services.  "Individuals who require 
enhanced drug services" means individuals who have one or more comorbid and medically 
complex chronic conditions that are life-threatening or significantly limit overall health or 
function, pose a high risk of hospitalization or other adverse health outcomes and require 
enhanced pharmacy and clinical services.
Sec. 3.  32 MRSA §13702-A, sub-§15-A is enacted to read:
15-A.  Long-term care pharmacy.  "Long-term care pharmacy" means a pharmacy 
that is licensed to provide enhanced pharmacy and clinical services to individuals who 
require enhanced drug services and reside in an intermediate care facility for persons with 
intellectual disabilities as defined in Title 34-B, section 1001, subsection 4-B, a nursing 
facility as defined in Title 22, section 1812-A, a rehabilitation facility as defined in Title 
22, section 328, subsection 25, an assisted housing program as defined in Title 22, section 
7852, subsection 2 or an assisted living program as defined in Title 22, section 7852, 
subsection 4.
Sec. 4.  32 MRSA §13712, as amended by PL 2007, c. 402, Pt. DD, §3, is further 
amended to read:
§13712.  Membership
The board consists of 7 8 members, two 2 of whom must be public members as defined 
in Title 5, section 12004‑A and the remainder of whom must be licensed pharmacists who 
possess the qualifications specified in section 13713. At the time of the appointment, at 
least one of the licensed pharmacists must be a hospital pharmacist, at least one must be a 
chain pharmacist and, at least one must be an independent pharmacist and at least one must 
be a pharmacist in a long-term care pharmacy.
Sec. 5.  32 MRSA §13751, sub-§2, ¶E, as amended by PL 2019, c. 454, §1, is 
further amended to read:
E.  Free clinic; or
Sec. 6.  32 MRSA §13751, sub-§2, ¶F, as enacted by PL 2019, c. 454, §1, is 
amended to read:
F.  Vending machine outlet.; or
Sec. 7.  32 MRSA §13751, sub-§2, ¶G is enacted to read:
G.  Long-term care pharmacy.
Sec. 8.  32 MRSA §13791, as amended by PL 1993, c. 231, §1, is further amended 
to read:
§13791.  Return of drugs
A drug or pharmaceutical preparation that has been dispensed on prescription may not 
be returned to pharmacy stock after being in possession and under the control of another 
person and if the drug or pharmaceutical preparation has been removed from the sealed 
manufacturer packaging. The drug or pharmaceutical preparation may be dispensed again 
only if the drug or preparation is packaged in an unbroken, sealed container or if, in the 
case of a hospital, a licensed pharmacist determines that the drug has not been impaired.
SUMMARY
This bill creates a new category of pharmacy facility licensure for long-term care 
pharmacies. It defines terms regarding long-term care pharmacies for the Maine Pharmacy 
Act to mirror a proposed federal law. It increases the number of individuals on the Maine 
Board of Pharmacy from 7 to 8 members and requires that the additional member be a 
pharmacist working at a long-term care pharmacy at the time of appointment. It provides 
that a drug or pharmaceutical preparation may only be accepted back by a pharmacy to be 
dispensed again if the drug or preparation is packaged in an unbroken, sealed container.