Maine Revised Statutes Title 22 Sec. 7253 – Prescribers and dispensers required to check prescription monitoring information
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1. Prescribers. On or after January 1, 2017, upon initial prescription of a benzodiazepine or an opioid medication to a person and every 90 days for as long as that prescription is renewed, a prescriber shall check prescription monitoring information for records related to that person.
[PL 2015, c. 488, §9 (NEW).]
Terms Used In Maine Revised Statutes Title 22 Sec. 7253
- Dispenser: means :
A. See Maine Revised Statutes Title 22 Sec. 7246Prescriber: means a licensed health care professional with authority to prescribe controlled substances. See Maine Revised Statutes Title 22 Sec. 7246 Prescription monitoring information: means information submitted to and maintained by the program. See Maine Revised Statutes Title 22 Sec. 7246 Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Dispensers. A dispenser shall check prescription monitoring information prior to dispensing a benzodiazepine or an opioid medication to a person under any of the following circumstances:
A. The person is not a resident of this State; [PL 2015, c. 488, §9 (NEW).]
B. The prescription is from a prescriber with an address outside of this State; [PL 2015, c. 488, §9 (NEW).]
C. The person is paying cash when the person has prescription insurance on file; or [PL 2015, c. 488, §9 (NEW).]
D. According to the pharmacy prescription record, the person has not had a prescription for a benzodiazepine or an opioid medication in the previous 12-month period. [PL 2015, c. 488, §9 (NEW).]
A dispenser shall withhold a prescription until the dispenser is able to contact the prescriber of that prescription if the dispenser has reason to believe that the prescription is fraudulent or duplicative.
[PL 2017, c. 360, §6 (AMD).]
2-A. Dispensers who are veterinarians. Notwithstanding subsection 2, a dispenser who is a veterinarian licensed under Title 32, chapter 71-A shall check prescription monitoring information prior to dispensing a benzodiazepine or an opioid medication for an animal except in circumstances described in subsection 3, paragraph C.
[PL 2017, c. 360, §7 (NEW).]
3. Exceptions. The requirements to check prescription monitoring information established in this section do not apply:
A. When a licensed or certified health care professional directly orders or administers a benzodiazepine or an opioid medication to a person in an emergency room setting, an inpatient hospital setting, a long-term care facility or a residential care facility or in connection with a surgical procedure; [PL 2017, c. 360, §8 (AMD).]
B. When a licensed or certified health care professional directly orders, prescribes or administers a benzodiazepine or an opioid medication to a person suffering from pain associated with end-of-life or hospice care; or [PL 2017, c. 360, §8 (AMD).]
C. When a veterinarian licensed under Title 32, chapter 71-A is providing care to an animal in a mobile or emergency setting or is dispensing a benzodiazepine or an opioid medication in an amount to be used during a period of 48 hours or less after the benzodiazepine or opioid medication is dispensed. [PL 2017, c. 360, §8 (NEW).]
[PL 2017, c. 360, §8 (AMD).]
4. Violation. A person who violates this section commits a civil violation for which a fine of $250 per incident, not to exceed $5,000 per calendar year, may be adjudged.
[PL 2015, c. 488, §9 (NEW).]
5. Rulemaking.
[PL 2017, c. 213, §10 (RP).]
SECTION HISTORY
PL 2015, c. 488, §9 (NEW). PL 2017, c. 122, §1 (AMD). PL 2017, c. 213, §§8-10 (AMD). PL 2017, c. 360, §§6-8 (AMD).