HP1267
LD 1715		 Second Regular Session - 125th Maine Legislature
C "A", Filing Number H-815, Sponsored by
LR 2580
Item 2
Bill Tracking, Additional Documents Chamber Status

Amend the bill by striking out all of section 1 and inserting the following:

‘Sec. 1. 32 MRSA §13702-A, sub-§28,  as amended by PL 2009, c. 308, §1, is further amended to read:

28. Practice of pharmacy.  "Practice of pharmacy" means 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 influenza vaccine, intranasal influenza vaccine, pneumococcal vaccine, shingles or herpes zoster vaccine, tetanus-diphtheria-pertussis vaccine and tetanus-diphtheria vaccine 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 responsibility for advising, when necessary or regulated, of therapeutic values, content, hazards and use of drugs and devices; and the offering or performing of those acts, services, operations or transactions necessary in the conduct, operation, management and control of a pharmacy.’

Amend the bill in section 2 in §13755 in the first line (page 1, line 19 in L.D.) by striking out the following: " drug and"

Amend the bill in section 3 by striking out all of subsection 2 (page 1, lines 23 to 38 in L.D.) and inserting the following:

‘2. Administration of other vaccines.   A pharmacist licensed in this State who meets the qualifications and requirements of section 13832 and rules adopted by the board, in addition to influenza vaccines under subsection 1, may administer pneumococcal vaccine, shingles or herpes zoster vaccine, tetanus-diphtheria-pertussis vaccine, tetanus-diphtheria vaccine and booster tetanus-diphtheria vaccine 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 to a person 18 years of age or older according to a valid prescription when the person has an existing primary care physician or other existing relationship with a nurse practitioner or an authorized practitioner in this State. When the person does not have an existing relationship with a primary care physician , nurse practitioner or other practitioner in this State , the pharmacist may proceed to administer according to a treatment protocol established by an authorized practitioner or a written standing order from a practitioner authorized under the laws of this State to issue an order, a prescription or a protocol to a person 18 years of age or older for pneumococcal vaccine, shingles or herpes zoster vaccine, tetanus-diphtheria-pertussis vaccine, tetanus-diphtheria vaccine or booster tetanus-diphtheria vaccine 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.’

Amend the bill in section 4 in subsection 4 in the 2nd line (page 2, line 3 in L.D.) by striking out the following: " drug and"

Amend the bill in section 8 in subsection 1 in the first line (page 3, line 1 in L.D.) by striking out the following: "drug and vaccine" and inserting the following: ' drug vaccine'

Amend the bill in section 8 in subsection 1 in the 4th line (page 3, line 4 in L.D.) by striking out the following: " drug and"

Amend the bill by inserting after section 9 the following:

‘Sec. 10. Appropriations and allocations. The following appropriations and allocations are made.

PROFESSIONAL AND FINANCIAL REGULATION, DEPARTMENT OF

Administrative Services - Professional and Financial Regulation 0094

Initiative: Provides a one-time allocation in fiscal year 2012-13 for the licensing system modification costs associated with allowing a pharmacist or pharmacy to operate a vaccine administration clinic.

OTHER SPECIAL REVENUE FUNDS 2011-12 2012-13
All Other
 $0 $2,500
inline graphic sline.gif inline graphic sline.gif
OTHER SPECIAL REVENUE FUNDS TOTAL $0 $2,500

Licensing and Enforcement 0352

Initiative: Provides a one-time allocation in fiscal year 2012-13 for the rulemaking costs associated with allowing a pharmacist or pharmacy to operate a vaccine administration clinic.

OTHER SPECIAL REVENUE FUNDS 2011-12 2012-13
All Other
 $0 $2,500
inline graphic sline.gif inline graphic sline.gif
OTHER SPECIAL REVENUE FUNDS TOTAL $0 $2,500

PROFESSIONAL AND FINANCIAL REGULATION, DEPARTMENT OF
DEPARTMENT TOTALS 2011-12 2012-13
OTHER SPECIAL REVENUE FUNDS
 $0 $5,000
inline graphic sline.gif inline graphic sline.gif
DEPARTMENT TOTAL - ALL FUNDS $0 $5,000
’

SUMMARY

This amendment narrows the scope of vaccines that a licensed pharmacist may administer proposed in the bill from all vaccines licensed by the United States Food and Drug Administration to 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 for administration to adults. It also allows for the administration of a vaccine by a pharmacist according to a valid prescription from a nurse practitioner. It also strikes the term "drug" from the reference to vaccine clinics to clarify that vaccine clinics are for the administration of only vaccines and not other drugs, except those drugs that may be administered in the event of an adverse reaction to a vaccine. The amendment also adds an appropriations and allocations section.

FISCAL NOTE REQUIRED
(See attached)

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