Maine Revised Statutes

§7253. Prescribers and dispensers required to check prescription monitoring information

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.
[ 2015, c. 488, §9 (NEW) .]
2. Dispensers.   On or after January 1, 2017, 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; [2015, c. 488, §9 (NEW).]
B. The prescription is from a prescriber with an address outside of this State; [2015, c. 488, §9 (NEW).]
C. The person is paying cash when the person has prescription insurance on file; or [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. [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.
[ 2017, c. 213, §8 (AMD) .]
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 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; or [2017, c. 213, §9 (AMD).]
B. When a licensed or certified heath care professional directly orders, prescribes or administers a benzodiazepine or opioid medication to a person suffering from pain associated with end-of-life or hospice care. [2017, c. 122, §1 (NEW).]
[ 2017, c. 213, §9 (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.
[ 2015, c. 488, §9 (NEW) .]
5. Rulemaking.  
[ 2017, c. 213, §10 (RP) .]
SECTION HISTORY
2015, c. 488, §9 (NEW). 2017, c. 122, §1 (AMD). 2017, c. 213, §§8-10 (AMD).