Public Laws

123rd Legislature

First Regular Session



Chapter 382

H.P. 999 - L.D. 1425

An Act To Facilitate the Reporting of the Crime of Acquiring Drugs by Deception

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 17-A MRSA §1108, sub-§3,  as amended by PL 2001, c. 383, §128 and affected by §156, is further amended to read:

3.    For purposes of this section, information communicated to a physician prescribing health care provider, or a person acting under the direction or supervision of a prescribing health care provider, in an effort to violate this section, including a violation by procuring the administration of a scheduled drug by deception, may not be deemed a privileged communication.

Sec. 2. 17-A MRSA §1108, sub-§6  is enacted to read:

6   A prescribing health care provider, or a person acting under the direction or supervision of a prescribing health care provider, who knows or has reasonable cause to believe that a person is committing or has committed deception may report that fact to a law enforcement officer. A person participating in good faith in reporting under this subsection, or in participating in a related proceeding, is immune from criminal or civil liability for the act of reporting or participating in the proceeding.

Effective September 20, 2007

Office of the Revisor of Statutes
State House, Room 108
Augusta, ME 04333