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An Act To Ensure Consumer Choice in the Purchase of Prescription Drugs
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas,  there is ambiguity regarding the ability of Maine consumers to purchase mail order prescription medications from licensed pharmacies located outside the United States; and
Whereas,  it is critically important to resolve any such ambiguities as soon as possible; 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 §13702-A, sub-§28, as amended by PL 2011, c. 577, §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 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. The dispensing of drugs for personal use to an individual resident of the State from a mail order prescription pharmacy located and licensed in a nation referenced in 21 United States Code, Section 382(b)(1) (2012) does not constitute the practice of pharmacy.
Sec. 2.  32 MRSA §13799  is enacted to read:
§ 13799. Consumer choice preserved
Nothing in this chapter may be construed to prohibit:
 
1.  Ordering drugs.     Any individual who is a resident of the State from ordering drugs for personal use from a mail order prescription pharmacy located and licensed in a nation referenced in 21 United States Code, Section 382(b)(1) (2012); or
 
2.  Dispensing drugs.     A mail order prescription pharmacy located and licensed in a nation referenced in 21 United States Code, Section 382(b)(1) (2012) from dispensing prescription drugs from outside the United States by mail or carrier to an individual who is a resident of the State for that individual's personal use.
Emergency clause.  In view of the emergency cited in the preamble, this legislation takes effect when approved.
 
SUMMARY
This bill clarifies and affirms the ability of Maine consumers to purchase mail order prescription drugs from licensed pharmacies that are located in certain nations specified under federal law.