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Public Law
123rd Legislature
Second Regular Session
Chapter 669
H.P. 1616 - L.D. 2253
An Act To Provide Access to Certain Medications to Certified Midwives
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 32 MRSA §13811  is enacted to read:
§ 13811.  Drug administration by certified midwives under certain conditions 
A midwife who can verify to a licensed pharmacist by certification card that the midwife has met the certification standards of an international certification agency whose mission is to establish and administer certification for the credential of certified professional midwife or other certifying body recognized by the board may:
 
1.  Possession.     Possess, in the course of the practice of midwifery, only the noncontrolled prescription drugs and substances set out in this subsection: 
 
A.  Oxygen; 
 
B.  Oxytocin, excluding the oxytocic drug methergine, for the sole purpose of postpartum control of maternal hemorrhage; 
 
C.  Vitamin K; 
 
D.  Eye prophylaxis; and 
 
E.  Local anesthetics or numbing agents for repair of lacerations; and 
 
2.  Administration.     Administer, in the course of the practice of midwifery, those drugs that are listed in subsection 1. When administering oxytocin, a certified midwife may not administer more than 20 units of oxytocin to a single patient. Oxytocin may be administered only for postpartum purposes in order to treat hemorrhaging and specifically may not be used to induce labor. When a certified midwife administers oxytocin in accordance with this subsection, the certified midwife shall report that use to the maternal and child health division of the Department of Health and Human Services, the Maine Center for Disease Control and Prevention within 7 days of the use of oxytocin. 
Sec. 2. 32 MRSA §13812  is enacted to read:
§ 13812.  Dispensing of medication by pharmacist 
 
1.  Dispensing of medication.     A pharmacist, who in good faith relies upon a certification card presented by a midwife identifying that the midwife has met the certification standards described under section 13811, may sell and dispense to the midwife the noncontrolled prescription drugs and substances identified in section 13811. 
 
2.  Good faith.     A pharmacist, or person acting at the direction of a pharmacist, who: 
 
A.  In good faith sells and dispenses noncontrolled prescription drugs and substances to a midwife pursuant to this section is not liable for any adverse reactions caused by any method of use by the midwife; and 
 
B.  Makes a report relating to the dispensing of noncontrolled prescription drugs and substances to a midwife pursuant to section 13811 to an enforcement agency is immune from any civil liability that may result from that action, including, but not limited to, any civil liability that might otherwise arise under state or local laws or rules regarding confidentiality of information. 
 
In a proceeding in which a pharmacist, or person acting at the direction of a pharmacist, invokes the immunity provided pursuant to this section, there is a rebuttable presumption of good faith.
Sec. 3. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 32, chapter 117, subchapter 11, in the subchapter headnote, the words “noncontrolled prescription drug administration” are amended to read “noncontrolled prescription drug dispensing and administration” and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.