An Act to Expand Access to Vaccines Approved by the United States
Maine Legislature, Session 132, LD 2071
Sponsors: CLUCHEY, FECTEAU
Amends: 22 MRSA §3174-Q, 24-A MRSA §4301-A, 24-A MRSA §4320-W, 32 MRSA §13831

Legislative Document
No. 2071
H.P. 1384
House of Representatives, December 17, 2025
An Act to Expand Access to Vaccines Approved by the United States 
Food and Drug Administration by Allowing Pharmacists to 
Prescribe, Dispense and Administer Vaccines and Require 
Insurance Coverage
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Clerk of the House on December 15, 2025.  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 CLUCHEY of Bowdoinham.
Cosponsored by Representatives: ARATA of New Gloucester, ARFORD of Brunswick, 
Speaker FECTEAU of Biddeford, MATHIESON of Kittery, SHAGOURY of Hallowell.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation needs to take effect before the expiration of the 90-day 
period in order to expand access to vaccines and protect the lives and health of the people 
of this State; 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.  22 MRSA §3174-QQQ is enacted to read:
§3174-QQQ.  Reimbursement for vaccines
The department shall provide reimbursement under the MaineCare program for 
vaccines with no copayments or other out-of-pocket cost sharing, including deductibles, 
and shall provide reimbursement for off-label use of vaccines. As used in this section, "off-
label use" has the same meaning as in Title 24-A, section 4301-A, subsection 11-A.
Sec. 2.  24-A MRSA §4301-A, sub-§9-A is enacted to read:
9-A.  Medically accepted indication.  "Medically accepted indication" includes any 
use of a drug that has been approved by the federal Food and Drug Administration and 
includes another use of the drug if that use is supported by one or more citations in the 
standard reference compendia or if the carrier involved, based upon guidance provided by 
the federal Department of Health and Human Services Medicare program pursuant to 42 
United States Code, Section 1395x(t), determines that that use is medically accepted based 
on supportive clinical evidence in peer-reviewed medical literature.
Sec. 3.  24-A MRSA §4301-A, sub-§11-A is enacted to read:
11-A.  Off-label use.  "Off-label use" means the prescription and use of drugs for 
medically accepted indications other than those stated in the labeling approved by the 
federal Food and Drug Administration.
Sec. 4.  24-A MRSA §4320-W is enacted to read:
§4320-W.  Coverage for vaccines
A carrier offering a health plan in this State shall provide coverage for vaccines without 
any deductible, copayment, coinsurance or other cost-sharing requirement and shall 
provide coverage for off-label use of vaccines.
Sec. 5.  32 MRSA §13831, sub-§1, as amended by PL 2023, c. 170, §1, is further 
amended to read:
1.  Administration of influenza vaccines.  A pharmacist licensed in this State who 
meets the qualifications and requirements of section 13832 and rules adopted by the board 
may prescribe or dispense or administer topically or by injection or by inhalation all forms 
of influenza vaccines, including intranasal influenza vaccines, to a person 3 years of age or 
older without a prescription.
Sec. 6.  32 MRSA §13831, sub-§2, as corrected by RR 2023, c. 2, Pt. A, §49, is 
amended to read:
2.  Administration of other vaccines.  A pharmacist licensed in this State who meets 
the qualifications and requirements of section 13832 and rules adopted by the board, in 
addition to influenza vaccines under subsection 1, may prescribe, dispense or administer 
vaccines licensed by the United States Food and Drug Administration that are 
recommended by the United States Centers for Disease Control and Prevention Advisory 
Committee on Immunization Practices, or successor organization, for administration to a 
person 18 years of age or older. A pharmacist may administer vaccines licensed by the 
United States Food and Drug Administration that are recommended by the United States 
Centers for Disease Control and Prevention Advisory Committee on Immunization 
Practices, or successor organization, for administration to a person 3 years of age or older 
and under 18 years of age according to a valid prescription from a prescriber licensed under 
chapter 31, 36 or 48.  A pharmacist may administer vaccines licensed by the United States 
Food and Drug Administration that are outside the guidelines recommended by the United 
States Centers for Disease Control and Prevention Advisory Committee on Immunization 
Practices, or successor organization, for administration to a person 18 years of age or older 
according to a valid prescription if the prescription specifically states that the vaccine is 
medically necessary.
Sec. 7.  32 MRSA §13831, sub-§2-A, as enacted by PL 2021, c. 28, Pt. B, §2, is 
amended to read:
2-A.  Administration of COVID-19 vaccines.  A pharmacist licensed in this State 
who meets the qualifications and requirements of section 13832 and rules adopted by the 
board may prescribe, dispense, administer and order COVID-19 vaccines licensed or 
authorized under an emergency use authorization by the United States Food and Drug 
Administration that are recommended by the United States Centers for Disease Control and 
Prevention Advisory Committee on Immunization Practices, or successor organization, to 
a person 3 years of age or older. For the purposes of this subsection, "COVID-19" has the 
same meaning as in Title 24‑A, section 4320‑P, subsection 1, paragraph A.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill allows pharmacists to prescribe, dispense or administer vaccines. It requires 
insurance carriers and the MaineCare program to provide coverage for vaccines without 
any deductible, copayment, coinsurance or other cost-sharing reimbursement and to 
provide coverage for off-label use of vaccines.