reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 5: PHARMACY FACILITIES › 32 §13755. Vaccine clinics

§13755. Vaccine clinics
A pharmacy may operate a vaccine administration clinic inside, outside or off the pharmacy's premises.   [PL 2011, c. 577, §2 (NEW).]
SECTION HISTORY
PL 2011, c. 577, §2 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 5: PHARMACY FACILITIES › 32 §13756. Electronic prescribing of opioid medication

§13756. Electronic prescribing of opioid medication
By July 1, 2017, a pharmacy must have the capability to process electronic prescriptions from prescribers for an opioid medication or request a waiver from the Commissioner of Health and Human Services stating the reasons for the waiver including but not limited to a lack of capability, the availability of broadband infrastructure and a plan for developing the ability to receive electronically prescribed opioid medication. The commissioner may grant a waiver for circumstances in which exceptions are appropriate, including technological failures.   [PL 2015, c. 488, §29 (NEW).]
SECTION HISTORY
PL 2015, c. 488, §29 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 6: MANUFACTURERS AND WHOLESALERS › 32 §13758. Licensure

§13758. Licensure
1.  Purpose; statement of intent.
The purpose of this section is to require licensure of manufacturers and wholesalers within or outside the State. The intent of the Legislature is that the board may not adopt rules regarding companies without wholesale facilities or manufacturers' facilities located in this State that are more restrictive than federal law or regulation.
[PL 2007, c. 402, Pt. DD, §28 (AMD).]
2.  Licensure, manufacturers and wholesalers.
All manufacturers and wholesalers whose products are distributed in the State in any manner must be licensed by the board.
[PL 2007, c. 402, Pt. DD, §28 (AMD).]
3.  Licensure, individuals.
An individual who is employed by a manufacturer or wholesaler that is licensed under this subchapter need not obtain licensure under this subchapter.
[PL 2007, c. 402, Pt. DD, §28 (AMD).]
4.  Form.
License forms must state: Applicant's name; address; day phone; 24-hour phone; ownership status; manufacturer or wholesaler designation; Drug Enforcement Agency and Federal Drug Administration numbers; and date executed. License forms must be executed by an owner or officer of the entity, providing printed name and title.
[PL 2007, c. 402, Pt. DD, §28 (AMD).]
5.  Fees.
Each licensee shall pay a fee as set under section 13724.
[PL 2007, c. 402, Pt. DD, §28 (AMD).]
6.  Violations.
It is unlawful for manufacturers or wholesale companies to distribute prescription drugs in this State unless licensed under the provisions of this subchapter or subchapter 5.
[PL 2007, c. 402, Pt. DD, §28 (AMD).]
SECTION HISTORY
PL 1987, c. 710, §5 (NEW). PL 1987, c. 861, §18 (AMD). PL 1989, c. 502, §B75 (AMD). PL 1997, c. 245, §11 (AMD). PL 2005, c. 262, §B15 (AMD). PL 2007, c. 402, Pt. DD, §28 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 6: MANUFACTURERS AND WHOLESALERS › 32 §13759. Gifts to practitioners prohibited

§13759. Gifts to practitioners prohibited
1.  Prohibition.
Except as provided in subsection 2, a manufacturer or wholesaler licensed under section 13758 or an agent of a manufacturer or wholesaler licensed under section 13758 may not offer or give the following to a practitioner:
A. A cash gift in any amount; or   [PL 2017, c. 267, §1 (NEW).]
B. A gift for which reciprocity is expected or implied.   [PL 2017, c. 267, §1 (NEW).]
[PL 2017, c. 267, §1 (NEW).]
2.  Exceptions.
A manufacturer or wholesaler licensed under section 13758 does not violate subsection 1 by engaging in the following activities:
A. Giving noncash items of minimal value that will directly benefit the practitioner's patients, including:
(1) Prescription drug samples for distribution to patients;
(2) Educational materials; and
(3) Modest meals and refreshments, as defined by the board by rule pursuant to section 13720, provided to a practitioner in connection with a meeting or presentation about the benefits, risks and appropriate uses of prescription drugs or medical devices, disease states or other scientific information, as long as the meeting or presentation occurs in a venue and manner conducive to informational communication;   [PL 2017, c. 267, §1 (NEW).]
B. Giving funding to academic institutions and residency and fellowship programs to support the participation of medical, nursing, physician assistant, veterinarian and pharmacy students, residents and fellows in professional meetings, including educational meetings, as long as the program identifies such funding recipients based on independent institutional criteria and the funds are distributed to recipients without specific attribution to sponsors; or   [PL 2017, c. 267, §1 (NEW).]
C. Giving reasonable honoraria to a practitioner and making payment of the reasonable expenses, as defined by the board by rule pursuant to section 13720, of a practitioner at a professional or educational conference or meeting.   [PL 2017, c. 267, §1 (NEW).]
Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2017, c. 267, §1 (NEW).]
SECTION HISTORY
PL 2017, c. 267, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 7: SERVICES AT RURAL HEALTH CENTERS › 32 §13761. Definitions

§13761. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1987, c. 710, §5 (NEW).]
1.  Pharmacy provider.
"Pharmacy provider" means a pharmacy licensed in this State participating with a rural health center under this subchapter.
[PL 1993, c. 716, §2 (AMD).]
2.  Rural community health center.
[PL 1993, c. 716, §3 (RP).]
SECTION HISTORY
PL 1987, c. 710, §5 (NEW). PL 1993, c. 716, §§2,3 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 7: SERVICES AT RURAL HEALTH CENTERS › 32 §13762. Center to be licensed

§13762. Center to be licensed
1.  License required.
A rural health center that desires to contract for pharmaceutical services with a pharmacy shall submit an application together with the required fee as set under section 13724. The board may adopt rules that are no more restrictive than those regulating private pharmacy practice in the State. A rural health center is eligible for licensure under this subchapter if:
A. It serves a rural area without a pharmacy;   [PL 1993, c. 716, §4 (NEW).]
B. It is located in a community where available pharmacy services can not meet the documented need; or   [PL 1993, c. 716, §4 (NEW).]
C. It requires a license in order to receive pharmaceutical discounts authorized by the federal Veterans' Health Care Act of 1992, Title VI.   [PL 1993, c. 716, §4 (NEW).]
[PL 2005, c. 262, Pt. B, §16 (AMD).]
2.  Renewal.
A license expires on the date set by the commissioner pursuant to Title 10, section 8003, subsection 4 for the licensing period for which the license was issued. A renewal license is issued for each ensuing licensing period in the absence of any reason or condition that might warrant the refusal to grant a license and upon receipt by the board of the written request of the applicant and the required fee for the license as set under section 13724.
Licenses may be renewed up to 90 days after the date of expiration upon payment of a late fee in addition to a renewal fee as set under section 13724. Any person who submits an application for renewal more than 90 days after the license renewal date is subject to all requirements governing new applicants under this chapter, including a late fee, renewal fee and additional late fee as set under section 13724.
[PL 2007, c. 402, Pt. DD, §29 (AMD).]
3.  Notice.
Any rural health center wishing to be licensed under this subchapter shall notify the board of its intent to establish a contract with a pharmacy for pharmaceutical services and shall apply for a license, submit floor plans of the physical plant and pay a required fee as set under section 13724. The application must include the name, address and registration number of the provider of pharmaceutical services.
[PL 2005, c. 262, Pt. B, §18 (AMD).]
4.  Board action.
The board shall approve or disapprove of the application within 60 days of receipt and shall notify the applicant in writing of its decision and the reason for the decision.
[PL 1987, c. 710, §5 (NEW).]
SECTION HISTORY
PL 1987, c. 710, §5 (NEW). PL 1993, c. 716, §4 (AMD). PL 2005, c. 262, §§B16-18 (AMD). PL 2007, c. 402, Pt. DD, §29 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 7: SERVICES AT RURAL HEALTH CENTERS › 32 §13763. Scope of license

§13763. Scope of license
A licensee under this subchapter shall comply with section 13784; section 13785, subsections 1 to 7; and any applicable rules adopted by the board. No licensee may refill a prescription and all orders must be treated as new orders. In all other respects, notwithstanding any other provision of law, a licensee may provide pharmaceutical services under this subchapter subject to section 13764. A licensee may purchase drugs.   [PL 1993, c. 716, §5 (AMD).]
SECTION HISTORY
PL 1987, c. 710, §5 (NEW). PL 1993, c. 716, §5 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 7: SERVICES AT RURAL HEALTH CENTERS › 32 §13764. Rules

§13764. Rules
The board shall adopt rules in conformity with the Maine Administrative Procedure Act, Title 5, chapter 375, to carry out the purposes of this subchapter.   [PL 1987, c. 710, §5 (NEW).]
SECTION HISTORY
PL 1987, c. 710, §5 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 8: THIRD-PARTY PRESCRIPTION PROGRAM ACT › 32 §13771. Short title

§13771. Short title
This subchapter shall be known and may be cited as the "Third-party Prescription Program Act."   [PL 1987, c. 710, §5 (NEW).]
SECTION HISTORY
PL 1987, c. 710, §5 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 8: THIRD-PARTY PRESCRIPTION PROGRAM ACT › 32 §13772. Definitions

§13772. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1987, c. 710, §5 (NEW).]
1.  Third-party prescription program.
"Third-party prescription program" means any system of providing for the reimbursement of pharmaceutical goods and services under a contractual arrangement or agreement between a provider of goods and services and another party who is not the consumer of those goods and services. These programs include, but are not limited to, insurance plans which provide coverage for prescription drugs or other pharmaceutical services.
[PL 1987, c. 710, §5 (NEW).]
SECTION HISTORY
PL 1987, c. 710, §5 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 8: THIRD-PARTY PRESCRIPTION PROGRAM ACT › 32 §13773. Notice

§13773. Notice
A 3rd-party prescription program may not be instituted in this State until the program provider has filed written notice of the provisions of the program with the Superintendent of Insurance and the board and given written notice to all pharmacies that are located within the counties covered by the program at least 30 days prior to the commencement of the program. In the case of chain or branch pharmacies, the notice must be given to the main office or headquarters. These pharmacies have 30 days from the date of notice to enroll in the program.   [PL 1997, c. 245, §12 (AMD).]
SECTION HISTORY
PL 1987, c. 710, §5 (NEW). PL 1989, c. 720, §1 (AMD). PL 1997, c. 245, §12 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 8: THIRD-PARTY PRESCRIPTION PROGRAM ACT › 32 §13774. Denial of payment

§13774. Denial of payment
No program administrator may deny to any pharmacy payment for services which may have resulted from the fraudulent or illegal use of an identification card by any person, unless the pharmacy has been notified that the card has been canceled or discontinued and that the program administrator has been unsuccessful in attempting to regain possession of the card.   [PL 1987, c. 710, §5 (NEW).]
SECTION HISTORY
PL 1987, c. 710, §5 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 8: THIRD-PARTY PRESCRIPTION PROGRAM ACT › 32 §13775. Reimbursement rates

§13775. Reimbursement rates
A 3rd-party prescription program is prohibited from charging a pharmacy a registration fee or other fixed charge, either annually or otherwise, except in cases where a charge is necessary to specifically cover any equipment, forms or materials required by the program.   [PL 1987, c. 710, §5 (NEW).]
SECTION HISTORY
PL 1987, c. 710, §5 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 8: THIRD-PARTY PRESCRIPTION PROGRAM ACT › 32 §13776. Contract renewal and changes

§13776. Contract renewal and changes
Any changes in benefits or provisions in any contract may not be made unilaterally by either the program administrator or the pharmacy. Any change in a contract offered to one pharmacy shall be offered to all the state pharmacies participating in the program.   [PL 1987, c. 710, §5 (NEW).]
SECTION HISTORY
PL 1987, c. 710, §5 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 8: THIRD-PARTY PRESCRIPTION PROGRAM ACT › 32 §13777. Exceptions

§13777. Exceptions
This Act does not apply to any medical assistance or public health programs administered by the Department of Health and Human Services, including, but not limited to, the Medicaid program and the Low Cost Drug Program; to any employee benefit plan that is subject to the Employee Retirement Income Security Act of 1974, 29 United States Code, Section 1001, et seq.; and to any 3rd-party prescription programs administered in accordance with and subject to the limitations of the former Nonprofit Service Organizations Preferred Provider Arrangement Act of 1985, Title 24, chapter 19, subchapter II, or the Preferred Provider Arrangement Act, Title 24‑A, chapter 32.   [PL 1999, c. 790, Pt. A, §39 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
SECTION HISTORY
PL 1987, c. 710, §5 (NEW). PL 1989, c. 720, §2 (AMD). PL 1999, c. 790, §A39 (AMD). PL 2003, c. 689, §B6 (REV).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 9: MISCELLANEOUS PROVISIONS › 32 §13782. Advertising

§13782. Advertising
It is lawful for any pharmacy, pharmacist or other licensee of the board to advertise to the public the current retail price charged for any drugs, medicines or appliances as defined in the United States Code, Title 21, Section 3211 (g) (1) which bears the legend "Caution: Federal law prohibits dispensing without prescription." The advertising may be according to either the brand name or the generic name of the drug. No media advertising of any drugs included in the United States Comprehensive Drug Abuse Prevention and Control Act of 1970, 84 Stat. 1236, is permitted.   [PL 1987, c. 710, §5 (NEW).]
SECTION HISTORY
PL 1987, c. 710, §5 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 9: MISCELLANEOUS PROVISIONS › 32 §13782-A. Price disclosure

§13782-A. Price disclosure
1.  Price disclosure required.
A pharmacist or pharmacy technician employed by a pharmacy shall disclose upon the request of any person making an inquiry in person or by telephone the price of any brand or generic drug sold by that pharmacy.
[PL 2007, c. 402, Pt. DD, §30 (AMD).]
2.  Information required for price disclosure.
In order to have sufficient information to disclose a prescription price, a pharmacist or pharmacy technician may ask the person making the inquiry for the following information:
A. The brand or generic name of the medication;   [PL 1997, c. 245, §15 (NEW).]
B. The dose or strength of the medication, if applicable; or   [PL 1997, c. 245, §15 (NEW).]
C. The quantity of the medication.   [PL 1997, c. 245, §15 (NEW).]
[PL 1997, c. 245, §15 (NEW).]
3.  Information not provided.
If the inquiring person can not provide some or all of the information in subsection 2 and this information is necessary for the requested price to be determined, then the pharmacist or pharmacy technician may contact the prescribing practitioner in order to obtain the necessary information prior to disclosing the prescription price.
[PL 1997, c. 245, §15 (NEW).]
SECTION HISTORY
PL 1997, c. 245, §15 (NEW). PL 2007, c. 402, Pt. DD, §30 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 9: MISCELLANEOUS PROVISIONS › 32 §13783. Posting prices (REPEALED)

§13783. Posting prices
(REPEALED)
SECTION HISTORY
PL 1987, c. 710, §5 (NEW). PL 1997, c. 245, §16 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 9: MISCELLANEOUS PROVISIONS › 32 §13784. Patient information regulation

§13784. Patient information regulation
1.  Explanation by pharmacist.
With each new prescription dispensed, the pharmacist, in addition to labeling the prescription in accordance with the requirements of the State, must orally explain to the patient or the patient's agent the directions for use and any additional information, in writing if necessary, to assure the proper utilization of the medication or device prescribed. For those prescriptions delivered outside the confines of the pharmacy, the explanation shall be by telephone or in writing. This section does not apply to those prescriptions for patients in hospitals or institutions where the medication is to be administered by a nurse or other individual licensed to administer medications or to those prescriptions for patients who are to be discharged from a hospital or institution.
[PL 1987, c. 710, §5 (NEW).]
2.  Maintenance of current reference material.
To ensure that proper information is available to each pharmacist, each pharmacy or pharmacist shall maintain current reference material on drug interactions.
[PL 1987, c. 710, §5 (NEW).]
3.  Retail price.
With each prescription dispensed, the pharmacist shall disclose to the patient in writing the usual and customary price of the prescription and the cost of any payment toward the price required of the patient.
[RR 2003, c. 2, §120 (AFF); PL 2003, c. 375, §1 (NEW).]
SECTION HISTORY
PL 1987, c. 710, §5 (NEW). RR 2003, c. 2, §120 (AFF). PL 2003, c. 375, §1 (AMD). PL 2003, c. 375, §2 (AFF).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 9: MISCELLANEOUS PROVISIONS › 32 §13785. Patient profile record system regulation

§13785. Patient profile record system regulation
A patient profile record system shall be maintained in all pharmacies for persons for whom prescriptions are dispensed. The patient profile record system shall be devised to enable the immediate retrieval of information necessary for the dispensing pharmacist to identify previously dispensed medication at the time a prescription is presented for dispensing. One profile record or document may be maintained for all members of a family living at the same address and possessing the same family name. The following information shall be recorded:   [PL 1987, c. 710, §5 (NEW).]
1.  Name.
The family name and the first name of the person for whom the medication is intended;
[PL 1987, c. 710, §5 (NEW).]
2.  Address.
The address to correspond to the name in subsection 1;
[PL 1987, c. 710, §5 (NEW).]
3.  Age group.
An indication of the patient's age group, that is, infant, child or adult;
[PL 1987, c. 710, §5 (NEW).]
4.  Original date of dispensing.
The original date the medication is dispensed pursuant to the receipt of a practitioner's prescription;
[PL 1987, c. 710, §5 (NEW).]
5.  Prescription identification.
The number or designation identifying the prescription;
[PL 1987, c. 710, §5 (NEW).]
6.  Prescriber's name.
The name of the person prescribing the drug or device;
[PL 1987, c. 710, §5 (NEW).]
7.  Drug information.
The name, strength and quantity of the drug; and
[PL 1987, c. 710, §5 (NEW).]
8.  Initials of pharmacist; date of refill.
The initials of the dispensing pharmacist and the date of dispensing the medication as a renewal or refill, if those initials and that date are not recorded on the back of the original prescription.
[PL 1987, c. 710, §5 (NEW).]
The pharmacist shall attempt to ascertain and shall record any allergies and idiosyncrasies of the patient and any chronic conditions which may relate to drug utilization as communicated to the pharmacy by the patient.   [PL 1987, c. 710, §5 (NEW).]
Upon receipt of a prescription, a pharmacist shall examine the patient's profile record before dispensing the medication to determine the possibility of a harmful drug interaction or reaction. Upon recognizing a potentially harmful reaction or interaction, the pharmacist shall take appropriate action to avoid or minimize the problem which may include consultation with the practitioner.   [PL 1987, c. 710, §5 (NEW).]
A patient profile record must be maintained for a period of not less than the amount of time required under federal Medicare laws, beginning from the date of the last entry in the profile record. As used in this section, "Medicare" means the Health Insurance for the Aged Act, Title XVIII of the Social Security Amendments of 1965, as amended.   [PL 1999, c. 130, §13 (AMD).]
SECTION HISTORY
PL 1987, c. 710, §5 (NEW). PL 1999, c. 130, §13 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 9: MISCELLANEOUS PROVISIONS › 32 §13786. Identification of persons prescribing medicines on hospital prescription blanks

§13786. Identification of persons prescribing medicines on hospital prescription blanks
Any practitioner who writes a prescription upon a prescription blank of a hospital or clinic shall sign that practitioner's name and cause that name to be printed, stamped or typed on the blank.   [PL 1987, c. 710, §5 (NEW).]
This section applies to any registered nurse who writes a prescription while working under the control or supervision of a physician. The name of the physician under whom the nurse works must be printed, stamped or typed on the blank.   [PL 2019, c. 627, Pt. B, §19 (AMD).]
SECTION HISTORY
PL 1987, c. 710, §5 (NEW). PL 2019, c. 627, Pt. B, §19 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 9: MISCELLANEOUS PROVISIONS › 32 §13786-B. Partial dispensing of prescription for opioid medication

§13786-B. Partial dispensing of prescription for opioid medication
1.  Partial dispensing authorized.
Notwithstanding any law or rule to the contrary, a pharmacist may partially dispense a prescription for an opioid medication in a lesser quantity than the recommended full quantity indicated on the prescription if requested by the patient for whom the prescription is written. The remaining quantity of the prescription in excess of the recommended full quantity is void and may not be dispensed without a new prescription.
[PL 2015, c. 488, §30 (NEW).]
2.  Notice to practitioner.
If a pharmacist partially dispenses a prescription for an opioid medication as permitted under this section, the pharmacist or the pharmacist's designee shall, within a reasonable time following the partial dispensing but not more than 7 days, notify the practitioner of the quantity of the opioid medication actually dispensed. The notice may be conveyed by a notation on the patient's electronic health record or by electronic transmission, by facsimile or by telephone to the practitioner.
[PL 2015, c. 488, §30 (NEW).]
SECTION HISTORY
PL 2015, c. 488, §30 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 9: MISCELLANEOUS PROVISIONS › 32 §13786-C. Dispensing of prescription of opioid medication; immunity

§13786-C. Dispensing of prescription of opioid medication; immunity
A pharmacist who dispenses opioid medication in good faith is immune from any civil liability that might otherwise result from dispensing medication in excess of the limit established in section 2210, subsection 1, paragraphs A and B; section 2600‑C, subsection 1, paragraphs A and B; section 3300‑F, subsection 1, paragraphs A and B; section 3657, subsection 1, paragraphs A and B; or section 18308, subsection 1, paragraphs A and B, if the medication was dispensed in accordance with a prescription issued by a practitioner. In a proceeding regarding immunity from liability, there is a rebuttable presumption of good faith.   [PL 2015, c. 488, §31 (NEW).]
SECTION HISTORY
PL 2015, c. 488, §31 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 9: MISCELLANEOUS PROVISIONS › 32 §13786-D. Prescribing and dispensing insulin

§13786-D. Prescribing and dispensing insulin
1.  Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Insulin" includes various types of insulin analogs and insulin-like medications, regardless of activation period or whether the solution is mixed before or after dispensation.   [PL 2019, c. 666, Pt. B, §1 (NEW).]
B. "Insulin-related devices and supplies" means needles, syringes, cartridge systems, prefilled pen systems, glucose meters and test strips. "Insulin-related devices and supplies" does not include insulin pump devices.   [PL 2019, c. 666, Pt. B, §1 (NEW).]
[PL 2019, c. 666, Pt. B, §1 (NEW).]
2.  Authorization.
As authorized by the board in accordance with rules adopted under subsection 3, a pharmacist may dispense emergency refills of insulin and associated insulin-related devices and supplies by prescription drug order or standing order or pursuant to a collaborative practice agreement authorizing insulin to be dispensed. The insulin dispensed under this subsection must be in a quantity that is at least a 30-day supply unless the intended recipient requests a lesser quantity upon consultation with the pharmacist. The intended recipient shall provide evidence of a previous prescription from a practitioner and attest that a refill of that previous prescription may not be readily or easily obtained under the circumstances. Upon receiving evidence of a previous prescription from a practitioner, the pharmacist shall immediately notify that practitioner that an emergency refill of insulin was dispensed and instruct the recipient to seek follow-up care from the practitioner as soon as possible.
[PL 2021, c. 20, §1 (AMD).]
3.  Rules; protocols.
The board by rule shall establish standards for authorizing pharmacists to dispense insulin in accordance with subsection 2, including protocols for notifying practitioners when emergency refills of insulin are dispensed. Rules adopted under this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2021, c. 20, §2 (AMD).]
SECTION HISTORY
PL 2019, c. 666, Pt. B, §1 (NEW). PL 2021, c. 20, §§1, 2 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 9: MISCELLANEOUS PROVISIONS › 32 §13787. Hypodermic syringes; prescriptions (REPEALED)

§13787. Hypodermic syringes; prescriptions
(REPEALED)
SECTION HISTORY
PL 1987, c. 710, §5 (NEW). PL 1993, c. 394, §1 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 9: MISCELLANEOUS PROVISIONS › 32 §13787-A. Sale of hypodermic apparatus

§13787-A. Sale of hypodermic apparatus
1.  Authorized seller.
A hypodermic apparatus, as defined in Title 17‑A, section 1101, subsection 2, may be sold only by a manufacturer or dealer of embalming supplies, manufacturer or dealer of medical or dental supplies, wholesale druggist, manufacturing pharmacist, pharmacist, veterinarian, agricultural supply store or manufacturer of surgical instruments.
[PL 1993, c. 394, §2 (NEW).]
2.  Purchaser.
Any person who is 18 years of age or older may purchase a hypodermic apparatus from a seller described in subsection 1.
[PL 1993, c. 394, §2 (NEW).]
3.  Criminal immunity.
[PL 2021, c. 434, §12 (RP).]
4.  Immunity limited.
This section does not limit prosecution for violation of any law prohibiting or regulating the use, possession, dispensing, distribution or promotion of controlled substances or scheduled drugs.
[PL 2021, c. 434, §13 (AMD).]
5.  Medicaid not affected.
This section does not diminish, expand or otherwise affect Medicaid reimbursement for hypodermic apparatuses.
[PL 1993, c. 394, §2 (NEW).]
SECTION HISTORY
PL 1993, c. 394, §2 (NEW). PL 2003, c. 688, §A39 (AMD). PL 2021, c. 434, §§12, 13 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 9: MISCELLANEOUS PROVISIONS › 32 §13788. Sale of poisonous drugs

§13788. Sale of poisonous drugs
Each licensed pharmacist who sells a poison shall affix to the package sold a label plainly marked with the name and address of the store and the word "POISON" and the name of the poison sold, and shall enter at the time of sale in a permanently bound book to be kept for that purpose the name and address of the purchaser, the date of sale, the name of the poison and the quantity sold and the person making the sale shall sign the entry. This section shall not apply to sales on prescription of practitioners, sales at wholesale to pharmacists or sales to hospitals, colleges or public institutions.   [PL 1987, c. 710, §5 (NEW).]
SECTION HISTORY
PL 1987, c. 710, §5 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 9: MISCELLANEOUS PROVISIONS › 32 §13789. Possession of drug samples

§13789. Possession of drug samples
No person may purchase manufacturers' drug samples from any person for purposes of resale. If those samples are given gratuitously to a licensed pharmacist, qualified assistant pharmacist or medical practitioner, any such sample may be given to any person, as long as the sample is kept in containers suitably labeled to conform to the Federal Food and Drug Act and the state food and drug laws and this gift is subject to the laws relating to the sale of drugs.   [PL 2007, c. 402, Pt. DD, §31 (AMD).]
SECTION HISTORY
PL 1987, c. 710, §5 (NEW). PL 2007, c. 402, Pt. DD, §31 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 9: MISCELLANEOUS PROVISIONS › 32 §13790. Using drugs not in prescription

§13790. Using drugs not in prescription
If a pharmacist knowingly uses any drugs or ingredients in preparing or compounding a written or oral prescription of any practitioner different from those named in the prescription, that use shall constitute a civil violation for which a forfeiture of not more than $1,000 nor less than $50 may be adjudged.   [PL 1987, c. 710, §5 (NEW).]
SECTION HISTORY
PL 1987, c. 710, §5 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 9: MISCELLANEOUS PROVISIONS › 32 §13791. Return of drugs

§13791. Return of drugs
A drug or pharmaceutical preparation that has been dispensed on prescription may be returned to pharmacy stock after being in possession and under the control of another person and may be dispensed again if the drug 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.   [PL 1993, c. 231, §1 (AMD).]
SECTION HISTORY
PL 1987, c. 710, §5 (NEW). PL 1993, c. 231, §1 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 9: MISCELLANEOUS PROVISIONS › 32 §13792. Sale by certain methods prohibited

§13792. Sale by certain methods prohibited
1.  Methods of sale prohibited.
A person may not sell, distribute, vend or otherwise dispose of any drug, medicine or pharmaceutical or medical preparation by means of any public exhibition, entertainment, performance, carnival or by vending machines, except as described in subsection 2.
[PL 2019, c. 454, §2 (NEW).]
2.  Sale of nonprescription drugs by vending machines.
The Maine Board of Pharmacy shall adopt rules to allow a pharmacy licensed as a vending machine outlet in accordance with section 13751 to sell or distribute nonprescription drugs by vending machines. The rules must include, but are not limited to, the following:
A. A requirement that only nonprescription drugs may be dispensed by a vending machine;   [PL 2019, c. 454, §2 (NEW).]
B. A requirement that nonprescription drugs dispensed by a vending machine must be stored in accordance with manufacturer recommendations, including those that require a stable temperature;   [PL 2019, c. 454, §2 (NEW).]
C. A requirement that nonprescription drugs dispensed by a vending machine must be sold only in the manufacturer's clearly labeled, original, unbroken, tamper‑proof and expiration‑dated packaging;   [PL 2019, c. 454, §2 (NEW).]
D. A requirement that nonprescription drugs dispensed by a vending machine may not be older than the manufacturer's expiration date;   [PL 2019, c. 454, §2 (NEW).]
E. [PL 2023, c. 160, §1 (RP).]
F. A requirement that a vending machine through which nonprescription drugs are dispensed must have an obvious and legible statement on the machine that identifies the owner of the machine, a toll‑free telephone number at which the consumer may contact the owner of the machine, a statement advising the consumer to check the expiration date of the product before using the product and the telephone number of the board;   [PL 2019, c. 454, §2 (NEW).]
G. Identification of any nonprescription drugs that may not be dispensed by a vending machine; and   [PL 2019, c. 454, §2 (NEW).]
H. Identification of locations at which a vending machine dispensing nonprescription drugs may not be located, including the following:
(1) Private schools as defined in Title 20‑A, section 1, subsection 22;
(2) Public preschool programs as defined in Title 20‑A, section 1, subsection 23‑A;
(3) Public schools as defined in Title 20‑A, section 1, subsection 24; and
(4) Child care facilities as defined in Title 22, section 8301‑A, subsection 1‑A, paragraph B.   [PL 2019, c. 454, §2 (NEW).]
[PL 2023, c. 160, §1 (AMD).]
SECTION HISTORY
PL 1987, c. 710, §5 (NEW). PL 2019, c. 454, §2 (RPR). PL 2023, c. 160, §1 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 9: MISCELLANEOUS PROVISIONS › 32 §13793. Adulterating and selling drugs

§13793. Adulterating and selling drugs
Whoever fraudulently adulterates, for the purpose of sale, any drug or medicine or sells any fraudulently adulterated drug or medicine, knowing the same to be adulterated, shall be punished by a fine of not more than $1,000 or by imprisonment for not more than 11 months. These adulterated drugs and medicines shall be forfeited and destroyed under the direction of the court.   [PL 1987, c. 710, §5 (NEW).]
SECTION HISTORY
PL 1987, c. 710, §5 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 9: MISCELLANEOUS PROVISIONS › 32 §13794. Labeling of prescriptions

§13794. Labeling of prescriptions
Every drug dispensed pursuant to prescription, whether for a legend drug or not, must carry on the label the following information: the prescription number; the date of filling; the patient's name; directions for use; the name and strength of the drug and the amount dispensed, including either the brand name of the drug or, if a generic and therapeutically equivalent drug or interchangeable biological product is dispensed the label must be in accordance with section 13781; the beyond use date of the drug; the name of the practitioner prescribing the drug; and the name, address and telephone number of the pharmacy where the prescription was compounded and dispensed. For purposes of this section, "beyond use date" means a date beyond which the contents of the prescription are not recommended to be used.   [PL 2019, c. 34, §5 (AMD).]
A drug dispensed in accordance with the provisions of Title 22, chapter 251, subchapter 3, article 5 does not require the name of the patient's sexual partner on the label.   [PL 2009, c. 533, §5 (NEW).]
SECTION HISTORY
PL 1987, c. 710, §5 (NEW). PL 1999, c. 130, §14 (AMD). PL 2009, c. 533, §5 (AMD). PL 2019, c. 34, §5 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 9: MISCELLANEOUS PROVISIONS › 32 §13797. Prescription drug price information

§13797. Prescription drug price information
A pharmacist or person acting at the direction of a pharmacist who is asked for consumer price information regarding prescription drugs shall provide to the consumer, on the telephone or in person, depending on the circumstances, the current usual and customary price for cash customers and, if reasonably obtainable by the pharmacist or person acting at the direction of the pharmacist, the price applicable to the consumer. A pharmacy shall post a notice to consumers informing them that they may obtain current usual and customary price information from the pharmacist.   [PL 2005, c. 610, §1 (NEW).]
SECTION HISTORY
PL 2005, c. 610, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 9: MISCELLANEOUS PROVISIONS › 32 §13798. Expedited partner therapy

§13798. Expedited partner therapy
An individual licensed under this chapter may not be disciplined for dispensing drugs pursuant to a lawful prescription in accordance with the provisions of Title 22, chapter 251, subchapter 3, article 5.   [PL 2009, c. 533, §6 (NEW).]
SECTION HISTORY
PL 2009, c. 533, §6 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 9: MISCELLANEOUS PROVISIONS › 32 §13799. Consumer choice preserved

§13799. Consumer choice preserved
Nothing in this chapter may be construed to prohibit:   [PL 2013, c. 373, §2 (NEW).]
1.  Ordering or receiving prescription drugs.
An individual who is a resident of the State from ordering or receiving prescription drugs for that individual’s personal use from outside the United States by mail or carrier from a licensed retail pharmacy described in section 13731, subsection 1, paragraph B or an entity described in section 13731, subsection 1, paragraph C; or
[PL 2013, c. 373, §2 (NEW).]
2.  Dispensing or providing prescription drugs.
A licensed retail pharmacy described in section 13731, subsection 1, paragraph B or an entity described in section 13731, subsection 1, paragraph C from dispensing, providing or facilitating the provision of prescription drugs from outside the United States by mail or carrier to a resident of the State for that resident's personal use.
[PL 2013, c. 373, §2 (NEW).]
SECTION HISTORY
PL 2013, c. 373, §2 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 9: MISCELLANEOUS PROVISIONS › 32 §13800. Access to distributed drugs

§13800. Access to distributed drugs
A manufacturer or wholesaler licensed under section 13758 shall make a drug distributed in this State available for sale in this State to an eligible product developer for purposes of conducting testing required to support an application for approval of a drug under the Federal Food, Drug, and Cosmetic Act, Section 505(b) or 505(j) or the licensing of a biological product under the federal Public Health Service Act, Section 351.   [PL 2017, c. 434, §5 (NEW).]
The manufacturer or wholesaler licensed under section 13758 shall make the drug available for sale at a price no greater than the wholesale acquisition cost and without any restriction that would block or delay the eligible product developer's application in a manner inconsistent with Section 505‑1(f)(8) of the Federal Food, Drug, and Cosmetic Act, 21 United States Code, Section 355‑1(f)(8) (2016).   [PL 2017, c. 434, §5 (NEW).]
An eligible product developer that receives a drug at a price no greater than the wholesale acquisition cost for that drug pursuant to this section shall charge consumers in this State the same price or less for the drug manufactured by that eligible product developer.   [PL 2017, c. 434, §5 (NEW).]
As used in this section, "wholesale acquisition cost" means the manufacturer's list price for a brand-name drug or a generic drug per person per year or course of treatment when sold to wholesalers or direct purchasers in the United States, not including discounts or rebates, for the most recent month for which information is available.   [PL 2017, c. 434, §5 (NEW).]
SECTION HISTORY
PL 2017, c. 434, §5 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 9: MISCELLANEOUS PROVISIONS › 32 §13800-A. Liability for product of another; exemption

§13800-A. Liability for product of another; exemption
A manufacturer or wholesaler licensed under section 13758 is not liable for injuries alleged to have been caused by the failure to include adequate safety warnings on a product's label or by a defect in the product's design if:   [PL 2017, c. 434, §5 (NEW).]
1.  Access to distributed drugs.
The manufacturer or wholesaler has made the product distributed in this State available to an eligible product developer in accordance with section 13800; and
[PL 2017, c. 434, §5 (NEW).]
2.  Manufactured or sold by another.
The product was not manufactured or sold by that manufacturer or wholesaler.
[PL 2017, c. 434, §5 (NEW).]
SECTION HISTORY
PL 2017, c. 434, §5 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 9: MISCELLANEOUS PROVISIONS › 32 §13800-B. Prohibition on providing conversion therapy to minors

§13800-B. Prohibition on providing conversion therapy to minors
An individual licensed under this chapter may not advertise, offer or administer conversion therapy to a minor.   [PL 2019, c. 165, §30 (NEW).]
SECTION HISTORY
PL 2019, c. 165, §30 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 9: MISCELLANEOUS PROVISIONS › 32 §13800-C. Opioid medication product registration fee

§13800-C. Opioid medication product registration fee
This section governs opioid medication product registration fees. As used in this section, "unit of an opioid medication" means the lowest identifiable quantity of the opioid medication that is dispensed.   [PL 2019, c. 536, §4 (NEW).]
1.  Registration fee.
Except as provided in subsection 2, a manufacturer that sells, delivers or distributes an opioid medication in this State shall pay an annual registration fee of $250,000 to the board on December 31st of each year.
[PL 2019, c. 536, §4 (NEW).]
2.  Exception.
A manufacturer that does not sell, deliver or distribute 2,000,000 or more units of an opioid medication within this State in the year in which a registration fee is due is not required to pay the registration fee. To qualify for the exception under this subsection, a manufacturer must demonstrate to the board, by January 31st of the year following the year in which the registration fee is due, in a manner determined by the board, that the manufacturer did not sell, deliver or distribute 2,000,000 or more units of an opioid medication within this State in the year in which the manufacturer seeks to claim the exception. The board may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2019, c. 536, §4 (NEW).]
3.  Calculation of units of an opioid medication sold, delivered or distributed.
When calculating the number of units of an opioid medication sold, delivered or distributed by a manufacturer under subsection 2, units of an opioid medication may be excluded when prescribed for the purpose of medication-assisted treatment of substance use disorder. The board periodically shall provide to the Department of Health and Human Services a list of medications exempted under this subsection.
[PL 2019, c. 536, §4 (NEW).]
4.  Registration fee review and report.
[PL 2019, c. 536, §4 (NEW); MRSA T. 32 §13800-C, sub-§4 (RP).]
SECTION HISTORY
PL 2019, c. 536, §4 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 9: MISCELLANEOUS PROVISIONS › 32 §13800-D. Insulin product registration fee (WHOLE SECTION TEXT EFFECTIVE UNTIL 1/01/27) (WHOLE SECTION TEXT REPEALED 1/01/27)

§13800-D. Insulin product registration fee
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT EFFECTIVE UNTIL 1/01/27)
(WHOLE SECTION TEXT REPEALED 1/01/27)
This section governs insulin product registration fees. As used in this section, "unit of insulin" means the lowest identifiable quantity of insulin that is dispensed.   [PL 2021, c. 303, §5 (NEW).]
1.  Registration fee.
Except as provided in subsection 2, a manufacturer that produces insulin that is sold, delivered or distributed in this State shall pay an annual registration fee of $75,000 to the board on December 31st of each year in addition to any license renewal fee required to be paid by the manufacturer under this chapter.
[PL 2021, c. 303, §5 (NEW).]
2.  Exception.
A manufacturer whose aggregate total of insulin sold, delivered or distributed in this State does not exceed 500,000 units of insulin in the year in which a registration fee under subsection 1 is due is not required to pay the registration fee. To qualify for the exception under this subsection, a manufacturer must demonstrate to the board, by January 31st of the year following the year in which the registration fee is due, in a manner determined by the board, that the aggregate total of insulin produced by the manufacturer that was sold, delivered or distributed within this State in the year in which the manufacturer seeks to claim the exception did not exceed 500,000 units. The board may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2021, c. 303, §5 (NEW).]
This section is repealed January 1, 2027.   [PL 2021, c. 303, §5 (NEW).]
SECTION HISTORY
PL 2021, c. 303, §5 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 10: NONDISCRIMINATION IN PHARMACEUTICALS PRICING › 32 §13801. Definitions (REPEALED)

§13801. Definitions
(REPEALED)
SECTION HISTORY
PL 1993, c. 716, §6 (NEW). PL 1999, c. 574, §1 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 10: NONDISCRIMINATION IN PHARMACEUTICALS PRICING › 32 §13802. Price discrimination prohibited (REPEALED)

§13802. Price discrimination prohibited
(REPEALED)
SECTION HISTORY
PL 1993, c. 716, §6 (NEW). PL 1999, c. 574, §1 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 10: NONDISCRIMINATION IN PHARMACEUTICALS PRICING › 32 §13803. Purchases by State (REPEALED)

§13803. Purchases by State
(REPEALED)
SECTION HISTORY
PL 1993, c. 716, §6 (NEW). PL 1999, c. 574, §1 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 10: NONDISCRIMINATION IN PHARMACEUTICALS PRICING › 32 §13804. Exceptions (REPEALED)

§13804. Exceptions
(REPEALED)
SECTION HISTORY
PL 1993, c. 716, §6 (NEW). PL 1995, c. 548, §1 (AMD). PL 1999, c. 574, §1 (RP).