Maine Revised Statutes Title 32 Sec. 13812 – Dispensing of medication by pharmacist
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(WHOLE SECTION TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 2015, c. 502, §16)
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 2015, c. 502, §16)
1. Dispensing of medication. A pharmacist, who in good faith relies upon a certification card presented by a midwife identifying that the midwife has met the certification standards described under section 13811, may sell and dispense to the midwife the noncontrolled prescription drugs and substances identified in section 13811.
[PL 2007, c. 669, §2 (NEW).]
Terms Used In Maine Revised Statutes Title 32 Sec. 13812
- dispensing: means the preparation and delivery of a prescription drug in a suitable container appropriately labeled for subsequent administration to or use by a patient or other individual entitled to receive the prescription drug pursuant to a lawful order of a practitioner. See Maine Revised Statutes Title 32 Sec. 13702-A
- Person: means an individual, corporation, partnership, association or any other legal entity. See Maine Revised Statutes Title 32 Sec. 13702-A
- Pharmacist: means an individual provider of health care services licensed by this State to engage in the practice of pharmacy. See Maine Revised Statutes Title 32 Sec. 13702-A
2. Good faith. A pharmacist, or person acting at the direction of a pharmacist, who:
A. In good faith sells and dispenses noncontrolled prescription drugs and substances to a midwife pursuant to this section is not liable for any adverse reactions caused by any method of use by the midwife; and [PL 2007, c. 669, §2 (NEW).]
B. Makes a report relating to the dispensing of noncontrolled prescription drugs and substances to a midwife pursuant to section 13811 to an enforcement agency is immune from any civil liability that may result from that action, including, but not limited to, any civil liability that might otherwise arise under state or local laws or rules regarding confidentiality of information. [PL 2007, c. 669, §2 (NEW).]
In a proceeding in which a pharmacist, or person acting at the direction of a pharmacist, invokes the immunity provided pursuant to this section, there is a rebuttable presumption of good faith.
[PL 2007, c. 669, §2 (NEW).]
SECTION HISTORY
PL 2007, c. 669, §2 (NEW). PL 2015, c. 502, §13 (RP). PL 2015, c. 502, §16 (AFF).