Maine Revised Statutes > Title 32 > Chapter 117 – Maine Pharmacy Act
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Terms Used In Maine Revised Statutes > Title 32 > Chapter 117 - Maine Pharmacy Act
- Adjusted base minimum price: means the base minimum price plus any amounts established by the Maine Milk Commission to reflect the increased costs of production pursuant to section 2954, subsection 2, paragraph A. See Maine Revised Statutes Title 7 Sec. 3152
- Asynchronous encounter: means an interaction between a patient and a person licensed under this chapter through a system that has the ability to store digital information, including, but not limited to, still images, video files, audio files, text files and other relevant data, and to transmit such information without requiring the simultaneous presence of the patient and the person licensed under this chapter. See Maine Revised Statutes Title 32 Sec. 13848
- Automated pharmacy systems: means mechanical systems that perform operations or activities, other than compounding, relative to the storage, packaging, labeling, dispensing or distribution of medications, and systems that collect, control and maintain all transactional information. See Maine Revised Statutes Title 32 Sec. 13702-A
- Base minimum price: means Class I, Class II and Class III prices established pursuant to the northeast marketing area milk marketing order. See Maine Revised Statutes Title 7 Sec. 3152
- Blend price: means the price of milk per hundredweight computed as the sum of the Class I price multiplied by the percentage of milk sold as Class I milk, the Class II price multiplied by the percentage sold as Class II milk and the Class III price multiplied by the percentage sold as Class III milk. See Maine Revised Statutes Title 7 Sec. 3152
- Board: means the Maine Board of Pharmacy. See Maine Revised Statutes Title 32 Sec. 13702-A
- Board: means the Maine Dairy Promotion Board. See Maine Revised Statutes Title 7 Sec. 2991
- Board: means the Maine Dairy Promotion Board. See Maine Revised Statutes Title 7 Sec. 2997
- Boston market dealer: means any dealer as defined in subsection 4 who purchases milk from producers subject to the price regulations of the northeast marketing area milk marketing order. See Maine Revised Statutes Title 7 Sec. 3152
- Boston market producer: means any Maine milk producer selling to a dealer marketing milk subject to the northeast marketing area milk marketing order, or any agricultural cooperative that buys milk from or handles milk for such a producer and sells it to such a dealer. See Maine Revised Statutes Title 7 Sec. 3152
- Chain pharmacist: means an individual who is engaged in the practice of pharmacy within a chain; that is, where there is a corporate grouping of 4 or more pharmacies. See Maine Revised Statutes Title 32 Sec. 13702-A
- Class I milk: means :
A. See Maine Revised Statutes Title 7 Sec. 2991Collaborative drug therapy management: includes collecting and reviewing patient histories; obtaining and checking vital signs, including pulse, temperature, blood pressure and respiration; and, under the supervision of, or in direct consultation with, a practitioner, ordering and evaluating the results of laboratory tests directly related to drug therapy when performed in accordance with approved protocols applicable to the practice setting and when the evaluation does not include a diagnostic component. See Maine Revised Statutes Title 32 Sec. 13702-A Collaborative practice agreement: means a written and signed agreement between one or more pharmacists with training and experience relevant to the scope of the collaborative practice and a practitioner that supervises or provides direct consultation to the pharmacist or pharmacists engaging in collaborative drug therapy management that:
A. See Maine Revised Statutes Title 32 Sec. 13702-ACommissioner: means the Commissioner of Professional and Financial Regulation. See Maine Revised Statutes Title 32 Sec. 13702-A Compounding: means the preparation, mixing, assembling, packaging or labeling of a drug or device by a pharmacist:
A. See Maine Revised Statutes Title 32 Sec. 13702-AConsumer: means any person other than a milk dealer who purchases milk for fluid consumption. See Maine Revised Statutes Title 7 Sec. 2991 Conversion therapy: means any practice or treatment that seeks or claims to change an individual's sexual orientation or gender identity, including, but not limited to, any effort to change gender expression or to eliminate or reduce sexual or romantic attractions, feelings or behavior toward others based on the individual's gender. See Maine Revised Statutes Title 32 Sec. 59-C Council: means the Maine Dairy and Nutrition Council. See Maine Revised Statutes Title 7 Sec. 2991 Council: means the Maine Dairy and Nutrition Council. See Maine Revised Statutes Title 7 Sec. 2997 Dangerous substance: means a substance described in section 13731, subsection 2. See Maine Revised Statutes Title 32 Sec. 13702-A Dealer: includes a producer dealer or a store. See Maine Revised Statutes Title 7 Sec. 2991 Dealer: includes a producer dealer, a subdealer or a store. See Maine Revised Statutes Title 7 Sec. 2997 Dealer: means any person or entity who purchases or receives milk from a producer within the State for processing and sale within or outside the State. See Maine Revised Statutes Title 7 Sec. 3152 Deed: The legal instrument used to transfer title in real property from one person to another. delivery: means the actual, constructive or attempted transfer of a drug or device from one person to another, whether or not for a consideration. See Maine Revised Statutes Title 32 Sec. 13702-A Department: means the Department of Professional and Financial Regulation. See Maine Revised Statutes Title 32 Sec. 13702-A Device: means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent or other similar or related article, including any component part or accessory, that is required under federal or state law to be prescribed by a practitioner and dispensed by a pharmacist. See Maine Revised Statutes Title 32 Sec. 13702-A Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: 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 Distribute: means the delivery of a drug other than by administering or dispensing. See Maine Revised Statutes Title 32 Sec. 13702-A Drug: means :
A. See Maine Revised Statutes Title 32 Sec. 13702-AElectronic transmission: means transmission of information in electronic form or the transmission of the exact visual image of a document by way of electronic equipment. See Maine Revised Statutes Title 32 Sec. 13702-A Eligible marketing cooperative: means an association of milk producers organized to negotiate producer prices higher than the minimum producer prices established pursuant to the northeast marketing area milk marketing order and that the commissioner has determined will not, through its operation, evade, impair or undermine the purposes of this chapter. See Maine Revised Statutes Title 7 Sec. 3152 Eligible product developer: means a person that seeks to develop an application for the 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. See Maine Revised Statutes Title 32 Sec. 13702-A Estates: shall be construed to mean both real estate and personal property. See Maine Revised Statutes Title 36 Sec. 501 Executor: A male person named in a will to carry out the decedent Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC Free clinic: means an incorporated nonprofit health facility that provides health care to people at no charge. See Maine Revised Statutes Title 32 Sec. 13702-A Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Grantee: means the person to whom a freehold estate or interest in land is conveyed. See Maine Revised Statutes Title 1 Sec. 72 Independent pharmacist: means an individual who is engaged in the practice of pharmacy in an independent pharmacy; that is, where there are fewer than 4 pharmacies under the same ownership. See Maine Revised Statutes Title 32 Sec. 13702-A Infant: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72 Injectable hormonal contraceptive: means a drug composed of a hormone or a combination of hormones that is approved by the United States Food and Drug Administration to prevent pregnancy and that is administered by injection. See Maine Revised Statutes Title 32 Sec. 13826 Interchangeable biological product: means a biological product that the federal Food and Drug Administration has:
A. See Maine Revised Statutes Title 32 Sec. 13702-AJurisprudence: The study of law and the structure of the legal system. Labeling: means the process of preparing and affixing a label to the outside of any drug container, exclusive of the labeling by a manufacturer, packer or distributor of a nonprescription drug or commercially packaged legend drug or device. See Maine Revised Statutes Title 32 Sec. 13702-A legend drug: means a drug that:
A. See Maine Revised Statutes Title 32 Sec. 13702-AMail order contact lens supplier: means a person or entity, other than an optometrist or physician licensed in this State, that fills contact lens prescriptions by mail or carrier for a patient who resides in this State. See Maine Revised Statutes Title 32 Sec. 13702-A Mail order prescription pharmacy: means an entity that dispenses prescription medications by mail or carrier from a facility not located in this State to a patient who resides in this State. See Maine Revised Statutes Title 32 Sec. 13702-A Maine market dealer: means any dealer as defined in subsection 4 who sells milk subject to the price control authority of the Maine Milk Commission. See Maine Revised Statutes Title 7 Sec. 3152 Maine market producer: means any Maine milk producer selling to a dealer marketing milk on the Maine market, or any agricultural cooperative that buys milk or handles milk for such a producer and sells it to such a dealer. See Maine Revised Statutes Title 7 Sec. 3152 Maine Milk Pool: means the sum of collections as prescribed in section 3153, from Maine market producers. See Maine Revised Statutes Title 7 Sec. 3152 Manufacture: means the production, preparation, propagation, compounding, conversion or processing of a device or drug, either directly or indirectly, by extraction from substances of natural origin or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis and includes any packaging or repacking of the substances or labeling or relabeling of its container, except that manufacture does not include the preparation or compounding of a drug by an individual for personal use or the preparation, compounding, packaging or labeling of a drug:
A. See Maine Revised Statutes Title 32 Sec. 13702-AManufacturer: means a person engaged in the manufacture of prescription drugs. See Maine Revised Statutes Title 32 Sec. 13702-A Milk: means cows' milk and includes cream. See Maine Revised Statutes Title 7 Sec. 2991 Milk: includes cream and one quart of cream is considered the equivalent of 4 quarts of milk. See Maine Revised Statutes Title 7 Sec. 2997 Mortgagee: shall be construed to include the heirs and assigns of the mortgagee. See Maine Revised Statutes Title 36 Sec. 501 Mortgagee: The person to whom property is mortgaged and who has loaned the money. Municipal officers: means the mayor, councillors and aldermen of cities, the members of the select board of towns and the assessors of plantations. See Maine Revised Statutes Title 36 Sec. 501 Municipality: shall include cities, towns and plantations. See Maine Revised Statutes Title 36 Sec. 501 Nonprescription drugs: means nonnarcotic drugs that may be sold without a prescription and that are prepackaged for use by the consumer and labeled in accordance with the requirements of the laws and rules of this State and the Federal Government. See Maine Revised Statutes Title 32 Sec. 13702-A Northern Maine market producer: means any Maine milk producer located in Aroostook County or Washington County or that portion of Penobscot County north of and including the minor civil divisions of Medway, T. See Maine Revised Statutes Title 7 Sec. 3152 Notice: means written notification served personally, sent by certified mail or sent by first-class mail to the last known address of the person for whom the notification is intended. See Maine Revised Statutes Title 36 Sec. 111 Nutrition: means the study of proper and balanced diet to promote health, especially in human beings. See Maine Revised Statutes Title 7 Sec. 2997 Nutrition education: means helping and educating people in the selection of food for the primary purpose of nourishing their bodies in health throughout the life cycle and helping and educating people in extending and teaching knowledge of food and nutrition principles, including promotion and research, and the application of these principles. See Maine Revised Statutes Title 7 Sec. 2997 Opioid medication: means a controlled substance containing an opioid included in schedule II of 21 United States Code § 812 or Title 21 of the Code of Federal Regulations, Part 1308. See Maine Revised Statutes Title 32 Sec. 13702-A Over-order premium: means that part of the minimum Class I, Class II and Class III prices established by the Maine Milk Commission pursuant to chapter 603, that exceeds the applicable Class I, Class II and Class III prices established pursuant to the northeast marketing area milk marketing order as adjusted to reflect the increased costs of production pursuant to section 2954, subsection 2, paragraph A. See Maine Revised Statutes Title 7 Sec. 3152 Oversight: Committee review of the activities of a Federal agency or program. Person: means an individual, corporation, partnership, association or any other legal entity. See Maine Revised Statutes Title 32 Sec. 13702-A Person: means an individual, firm, partnership, association, society, club, corporation, financial institution, estate, trust, business trust, receiver, assignee or any other group or combination acting as a unit, the State or Federal Government or any political subdivision or agency of either government. See Maine Revised Statutes Title 36 Sec. 111 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 Pharmacist in charge: means a pharmacist who accepts responsibility for the operation of a licensed pharmacy in conformance with applicable laws. See Maine Revised Statutes Title 32 Sec. 13702-A Pharmacy: means :
A. See Maine Revised Statutes Title 32 Sec. 13702-APharmacy intern: means a person who:
A. See Maine Revised Statutes Title 32 Sec. 13702-APharmacy technician: means a person employed by a pharmacy who works in a supportive role to, and under the direct supervision of, a licensed pharmacist. See Maine Revised Statutes Title 32 Sec. 13702-A Physician: means an allopathic physician or osteopathic physician. See Maine Revised Statutes Title 32 Sec. 13702-A Place: shall include municipalities, townships and any other unorganized area. See Maine Revised Statutes Title 36 Sec. 501 Plant price: means the F. See Maine Revised Statutes Title 7 Sec. 3152 Poison: means an agent that when ingested, inhaled or otherwise absorbed by a living organism is capable of producing a deleterious response seriously injuring function or producing death. See Maine Revised Statutes Title 32 Sec. 13702-A Practice of pharmacy: means the provision of health care services that include the interpretation and evaluation of prescription drug orders; the compounding, dispensing and labeling of drugs and devices, except labeling by a manufacturer, packer or distributor of nonprescription drugs and commercially packaged legend drugs and devices; the participation in drug selection and drug utilization reviews; the proper and safe storage of drugs and devices and the maintenance of proper records for these drugs and devices; the administration of 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 adults; the administration to adults by intramuscular and subcutaneous injection of drugs approved by the United States Food and Drug Administration; the performance of collaborative drug therapy management; the responsibility for advising, when necessary or regulated, of therapeutic values, content, hazards and use of drugs and devices; the ordering and dispensing of over-the-counter nicotine replacement products approved by the United States Food and Drug Administration; the prescribing, dispensing and administering of an HIV prevention drug, as defined in section 13786?E, subsection 1, paragraph B, pursuant to a standing order or collaborative practice agreement or to protocols developed by the board; and the offering or performing of those acts, services, operations or transactions necessary in the conduct, operation, management and control of a pharmacy. See Maine Revised Statutes Title 32 Sec. 13702-A Practitioner: means an individual who is licensed, registered or otherwise authorized in the appropriate jurisdiction to prescribe and administer drugs in the course of professional practice. See Maine Revised Statutes Title 32 Sec. 13702-A Prescription drug order: means a lawful written or oral order of a practitioner for a drug or device. See Maine Revised Statutes Title 32 Sec. 13702-A Probable cause: A reasonable ground for belief that the offender violated a specific law. Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Producer: means any person who produces milk and sells milk to a dealer. See Maine Revised Statutes Title 7 Sec. 2991 Producer: means any person who produces milk and sells the milk to a dealer. See Maine Revised Statutes Title 7 Sec. 2997 Producer dealer: means any dealer who produces a part or all of that dealer's milk and sells milk to other than a dealer. See Maine Revised Statutes Title 7 Sec. 2991 Producer dealer: means a dealer who produces a part or all of that dealer's milk or a person who produces milk and sells to a grocery store, dairy products' store or similar commercial establishment. See Maine Revised Statutes Title 7 Sec. 2997 Producer-dealer: means a dealer who produces a part or all of the dealer's milk or a person who produces milk and sells to a grocery store or dairy products store or similar commercial establishment, and includes an agricultural cooperative comprised solely of dairy farmers that wholly owns and operates its processing facilities, and whose individual members hold a share of that ownership that is in direct proportion to that individual's share of all milk produced by cooperative members for the cooperative, except that such an agricultural cooperative is a "producer-dealer" under this chapter only if it was in existence on January 1, 1986, and had been recognized on or before that date by the commissioner as meeting the criteria established in this subsection. See Maine Revised Statutes Title 7 Sec. 3152 Property: shall be construed to mean both real estate and personal property. See Maine Revised Statutes Title 36 Sec. 501 Qualified assistant pharmacist: means an individual licensed by this State as a qualified assistant apothecary, qualified assistant or assistant pharmacist, provided that the license is in full force and effect, except for the right to serve as a pharmacist in charge. See Maine Revised Statutes Title 32 Sec. 13702-A Records: means books, records, accounts, memoranda or other data pertaining to the purchase and distribution of milk. See Maine Revised Statutes Title 7 Sec. 2991 Registered mail: shall be construed to include certified mail. See Maine Revised Statutes Title 36 Sec. 501 Return: means any document, digital file or electronic data transmission containing information required by this Title to be reported to the State Tax Assessor. See Maine Revised Statutes Title 36 Sec. 111 Rural health center: means an incorporated nonprofit health facility that provides comprehensive primary health care to citizens in rural areas. See Maine Revised Statutes Title 32 Sec. 13702-A Self-administered hormonal contraceptive: includes an oral hormonal contraceptive, a hormonal vaginal ring and a hormonal contraceptive patch. See Maine Revised Statutes Title 32 Sec. 13826 State paper: means the newspaper designated by the Legislature, in which advertisements and notices are required to be published. See Maine Revised Statutes Title 1 Sec. 72 Store: means a grocery store, dairy products' store, canteen, milk vending machine operator, milk dispensing operator or any similar commercial establishment or outlet or any other place or method of sale in which milk is sold to consumers for consumption off the premises. See Maine Revised Statutes Title 7 Sec. 2991 Store and forward transfer: means the transmission of a patient's records through a secure electronic system to a person licensed under this chapter. See Maine Revised Statutes Title 32 Sec. 13848 Synchronous encounter: means a real-time interaction conducted with an interactive audio or video connection between a patient and a person licensed under this chapter or between a person licensed under this chapter and another health care provider. See Maine Revised Statutes Title 32 Sec. 13848 Targeted methamphetamine precursor: means any product containing any amount of ephedrine, pseudoephedrine or phenylpropanolamine or their salts, isomers or salts of isomers, either alone or in combination with other ingredients:
A. See Maine Revised Statutes Title 32 Sec. 13702-ATax: means the total amount required to be paid, withheld and paid over or collected and paid over with respect to estimated or actual tax liability under this Title, any credit or reimbursement allowed or paid pursuant to this Title that is recoverable by the assessor and any amount assessed by the assessor pursuant to this Title, including any interest or penalties provided by law. See Maine Revised Statutes Title 36 Sec. 111 Tax collector: shall mean any person chosen, appointed or designated by a municipality or the officers thereof to collect any tax due a municipality; or his successor in office. See Maine Revised Statutes Title 36 Sec. 501 Taxpayer: means any person required to file a return under this Title or to pay, withhold and pay over or collect and pay over any tax imposed by this Title. See Maine Revised Statutes Title 36 Sec. 111 Telehealth services: means health care services delivered through the use of information technology and includes synchronous encounters, asynchronous encounters, store and forward transfers and telemonitoring. See Maine Revised Statutes Title 32 Sec. 13848 Telemonitoring: means the use of information technology to remotely monitor a patient's health status via electronic means, allowing the person licensed under this chapter to track the patient's health data over time. See Maine Revised Statutes Title 32 Sec. 13848 therapeutically equivalent drug: means any drug that has identical amounts of the same active ingredients in the same dosage form and in the same concentration that, when administered in the same amounts, will produce or can be expected to have the same therapeutic effect as the drug prescribed. See Maine Revised Statutes Title 32 Sec. 13702-A 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. See Maine Revised Statutes Title 32 Sec. 13772 Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. Utilization rate: means the percentage of milk produced that is used as Class I or fluid milk, the percentage of milk produced that is used as Class II milk and the percentage of milk that is used as Class III milk. See Maine Revised Statutes Title 7 Sec. 3152 Wholesaler: means a person who buys prescription drugs for resale and distribution to persons other than consumers. See Maine Revised Statutes Title 32 Sec. 13702-A