Whereas, prescriptions for schedule II drugs issued by health care providers must be written on security prescription blanks; and

Whereas, some prescriptions for schedule II drugs are prescribed by health care providers from other states; and

Whereas, to allow patients to continue to receive their prescriptions for schedule II drugs prescribed by out-of-state health care providers this legislation must take effect immediately; 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. 32 MRSA §13786-A, sub-§§2 to 4 are enacted to read:

2.__Out-of-state prescription security requirements.__ Notwithstanding any law or rule to the contrary, a prescription for a schedule II drug written by an out-of-state practitioner on a prescription blank that does not comply with the requirements for a security prescription blank, as defined in the Department of Public Safety rule pursuant to subsection 1, may be filled by a pharmacist only if:

A.__The pharmacist demands, inspects and records a valid photographic identification from any person presenting a prescription; and

B.__The pharmacist receives oral confirmation of the validity of the prescription from the out-of-state practitioner or the practitioner's agent and the pharmacist makes a reasonable effort to determine that the oral authorization came from the practitioner or the practitioner's agent, which may include a telephone call to the practitioner's telephone number listed in the telephone or other directory, or other good faith efforts to confirm the identity of the person giving the oral confirmation.