An Act to Decrease Barners for Preventive Health Services by Allowmg Pharmacy Techmc1ans to Admm1ster Vaccmes
Maine Legislature, Session 131, LD 1151
Committee Amendment CA_A_S126 (Senate)
Amends: 32 MRSA §13831

COMMITTEE AMENDI\.1ENT" fJ" to SP 478, L D 1151, "An Act to Decrease 
Barners for Preventive Health Services by Allowmg Pharmacy Techmc1ans to Admm1ster 
Vaccmes" 
Amend the bill by stnkmg out the title and subst1tutmg the followmg 
'An Act Concernmg the Authority for Pharmacists to Admm1ster Vaccmes' 
Amend the bill by msertmg after the title and before the enactmg clause the followmg 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adJournment unless enacted as emergencies, and 
Whereas, federal gmdance issued under the federal Pubhc Readilless and Emergency 
Preparedness Act authonzed hcensed pharmacists to admm1ster certam vaccmes under 
certam c1rcumstances m response to the COVID-19 pandemic for the duration of the federal 
pubhc health emergency declaration, and 
Whereas, the federal pubhc health emergency declarat10n exp1red on May 11, 2023, 
and 
Whereas, cod1fymg m state ~aw the authonty of pharmacists to admm1ster vaccmes 
1s necessary to ensure there 1s no gap ill the prov1s1on of vaccmat1on services by 
pharmacists, and 
Whereas, ill the Judgment of the Legislature, these facts create an emergency w1thm 
the meanmg of the Const1tut1on of Mame and requ1re the followmg leg1slat10n as 
1IDmed1ately necessary for the preservation of the pubhc peace, health and safety, now, 
therefore,' 
0 
Amend the bill by stnkillg out everythmg after the enactmg clause and illSertillg the 
followillg 
'Sec. 1. 32 MRSA §13831, sub-§1, as amended by PL 2015, c 211, §1, 1s further 
amended to read 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"() "to SP 478, L D 1151 C S-1 Z~ 
1. Admm1strat1on of mfluenza vaccmes. A pharmacist licensed m this State who 
meets the qualifications and requirements of section 13832 and rules adopted by the board 
may admm1ster topically or by mJect1on or by mhalation all forms of mfluenza vaccmes, 
mcludmg mtranasal mfluenza vaccmes, to a person + 1 years of age or older without a 
prescnptlon 
Sec. 2. 32 MRSA §13831, sub-§2, as amended by PL 2013, c 6, §1, 1s further 
amended to read 
2. Admimstratmn of other vaccmes. A pharmacist licensed m this State who meets 
the qualifications and requirements of sect10n 13 83 2 and rules adopted by the board, m 
adcht1on to mfluenza vaccmes under subsection 1, may admm1ster vaccmes licensed by the 
Umted States Food and Drug Admm1stratlon that are recommended by the Umted States 
Centers for Disease Control and Prevention Advisory Committee on Immumzat1on 
Practices, or successor organ1zat1on, for admm1strat1on to adults to a person 18 years of age 
or older aeeorelmg to a vahel 13rosen13t10a whoa tho 13orsoa has aa OKistmg 13nmary earo 
13kysieiaa or other o:,nsbag rolat10ash.i13 with a ftl:lrso 13raettt10aor or an aathon2Joel 
13mebboaor m this State A pharmacist may admm1ster vaccmes licensed by the Umted 
States Food and Drug Admm1strat1on that are recommended by the Umted States Centers 
for Disease Control and Prevent10n Advisory Committee on Immumzation Practices, or 
successor orgamzatlon, for admm1stratlon to a person 3 years of age or older and under 18 
years of age accordmg to a valid prescnpt1on from a prescnber licensed under chapters 31, 
or 48 A pharmacist may admm1ster vaccmes licensed by the Umted States Food and 
Drug Admm1strat1on that are outside the gmdelmes recommended by the Umted States 
Centers for Disease Control and Prevention Advisory Committee on Immumzation 
Practices, or successor orgamzation, for admm1strat1on to a person 18 years of age or older 
accordmg to a valid prescnpt10n vkoa tho 13orsoa has aa o:,nstHlg f)flHHlry earn 13h.ysieian or 
other o:KJ:stmg rnlat10ash.i13 with a ftl:lrse 13raetmoaer or aa aHthon2Joel 13raetruoaor m th.is 
State 1f the prescnptlon specifically states that the vaccme 1s medically necessary :\¥heft 
tho 13orsoa eloos aot have aa o:,astmg rolat10ashlf) with a 13rUBaf)' earo 13hjrsieiaa, B-1:lFSO 
13raetit10aor or other 13raebboaor ia this State, the 13h.armaeist may 13roeooel to aelmmistor 
aeeorelmg to a troa:tmoat 13rotoeol osta-ehshoel ey aa aathon2Joel 13raebtloaor or a 1+11ntloa 
staaeliag orelor from a 13raetruoaer aathon2Joa HHaor tho lav.zs of this State to issl¼o an orelor, 
a f)fOserlf)bOH or a 13rotoeol to a 13ersoa 18 years of age or olelor for 1.zaeemos heOHseel a~' the 
Um-tea States Fooel aael Drag Aelmmistraboa that are roeommoaeloel ~, tho Uaitoel States 
Coaters for Disease CoHtrol ana PrOT.zollt10a Aavisery Cemmt-tloo ea lmmHHi2Jati0a 
Praetleos, or Sl¼eeossor orgaa12Jati0a, fer aelmmistraaea te adults 
Sec. 3. 32 MRSA §13831, sub-§6 1s enacted to read 
6. Notdicat1on ofvaccmes admm1strat10n. A pharmacist licensed m this State who 
meets the qualifications and requrrements of sect10n 13832 and rules adopted by the board 
shaill provide a wntten 1mmumzat1on record to the person, or the person's representative, 
rece1vmg a vaccme admm1stered under this section W1thm 72 hours of admm1stermg a 
vaccme, a pharmacist shall notify the person's pnmary care provider, 1f any, of 
admm1strat1on of the vaccme Begmnmg August 1, 2023, a pharmacist shall report the 
admm1strat1on of the vaccme to the appropnate state 1mmumzat1on mformat1on reportmg 
system w1thm 72 hours of admm1stermg the vaccme 
COMMITTEE AMENDMENT 
COMMITTEE AMEND1\.1ENT" /)"to SP 478, L D 1151 { S- / zu) 
Emergency clause. In view of the emergency cited m the preamble, this legislation 
takes effect when approved ' 
Amend the bill by relettermg or renumbermg any nonconsecutive Part letter or section 
number to read consecutively 
SUMMARY 
This amendment replaces the bill The amendment does the followmg 
It changes the age of a person to whom a pharmacist may admmister mfluenza vaccmes 
without a prescnpt10n from a person 7 years of age or older to a person 3 years of age or 
older, 
It authonzes a pharmacist to admmister vaccmes recommended by the Umted States 
Centers for Disease Control and Prevention Advisory Committee on Immumzation 
Practices to a person 18 years of age or older without a prescnpt10n and to a person 3 years 
of age or older and under 18 years of age with a prescnpt10n Under current law, a 
pharmacist may admmister other vaccmes to a person 18 years of age or older with a 
prescnption that states the vaccme is medically necessary, and 
It reqmres a pharmacist to provide a wntten 1mmumzat10n record to the person 
immumzed and to notify the person's prtmary care provider withm 72 hours Begmnmg 
August 1, 2023, the amendment also requrres a pharmacist to notify the state 1mmumzatlon 
reportmg system withm 72 hours of admimstermg a vaccme 
The amendment removes the provision m the bill that authonzes certam pharmacy 
techmcians to admmister vaccmes under the supervision of a pharmacist 
The amendment also adds an emergency preamble and emergency clause to the bill 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved 05/08/23 .fk?ae. 
LD 1151 
LR 547(02) 
An Act to Decrease Barriers for Preventive Health Services by Allowing Pharmacy Technicians to 
Admimster Vaccmes 
Fiscal Detad and Notes 
Fiscal Note for Bill as Amended by Committee Amendment ',i-' Ls_,~ J 
Committee: Health Coverage, Insurance and Financial Services 
Fiscal Note Required: Yes 
Fiscal Note 
Mmor cost increase - Other Special Revenue Funds 
Add1t10nal costs to the Department of Professional and Financial Regulat10n, Mame Board of Pharmacy to nnplement 
the prov1s10ns of thrs leg1slat10n can be absorbed w1thm ex1stmg budgeted resources 
LR0547(02) - Fiscal Note - Page 1 of 1