Title 32, Title 32

The commission shall adopt rules setting forth criteria necessary to the implementation of this subchapter. The rules must include, but are not limited to, the following: [PL 1993, c. 679, §1 (NEW).] 1. Disclosure. Those aspects of the services of a real estate brokerage agency a…

1. Effective date. The relationships set forth in this subchapter commence on the effective date of the real estate brokerage agency's brokerage agreement and continue until performance, completion, termination or expiration of that brokerage agreement. 2. Obligation; termination…

Except as otherwise provided in this subchapter, a real estate brokerage agency providing real estate brokerage services is presumed to be acting as a transaction broker unless the real estate brokerage agency has agreed, in a written brokerage agreement, to represent one or more…

1. Not an agent. A transaction broker does not represent any party as a client to a real estate transaction and is not bound by the duties set forth in section 13272. 2. Responsibilities. A transaction broker shall: A. Account in a timely manner for all money and property receive…

This chapter shall be known and may be cited as the "Maine Pharmacy Act."

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2007, c. 402, Pt. DD, §2 (NEW).] 1. Automated pharmacy systems. "Automated pharmacy systems" means mechanical systems that perform operations or activities, other…

There is established, within the department, in accordance with Title 5, chapter 379, the Maine Board of Pharmacy. The board has all of the duties, powers and authority specifically granted by and necessary to the enforcement of this Act.

The board consists of 7 members, two of whom must be public members as defined in Title 5, section 12004‑A and the remainder of whom must be licensed pharmacists who possess the qualifications specified in section 13713. At the time of the appointment, at least one of the license…

1. Public members. The public members of the board must be residents of this State who are at least 21 years of age and shall not be, nor ever have been, members of the profession of pharmacy, the spouse of a member of the profession of pharmacy, a person who has ever had any mat…

The Governor shall appoint the members of the board. Prior to appointing any pharmacist as a member of the board, the Governor may solicit recommendations of candidates from the Maine Pharmacy Association and other pharmaceutical organizations as appropriate.

1. Length. Members of the board are appointed for terms of 3 years. Appointments of members must comply with Title 10, section 8009. 2. Grounds for removal. The Governor may remove a member of the board for cause.

1. Officers. The board shall elect from its members a president and other officers as it considers appropriate and necessary to conduct its business. 2. Terms of office. Officers elected by the board serve terms of one year commencing with the day of their elections. 3. Executive…

1. Number. The board shall meet at least once a year to transact its business, which includes the election of officers and the reorganization of the board. The board shall meet at additional times as it may determine. Additional meetings may be called by the president or by 2/3 o…

The board shall make, adopt, amend and repeal such rules as may, from time to time, be determined necessary by the board for the proper administration and enforcement of this Act. These rules shall be promulgated in accordance with the Maine Administrative Procedure Act, Title 5,…

1. Responsibility. The board's responsibility for the control and regulation of the practice of pharmacy in this State includes, but is not limited to, the following actions: A. The licensing by examination or by endorsement of applicants who are qualified to engage in the practi…

1. Responsibility. The board has the following responsibilities in regard to medications, drugs, devices and other materials used in this State in the diagnosis, mitigation and treatment or prevention of injury, illness and disease. The board shall: A. Promulgate rules concerning…

The board has such other duties, powers and authority as may be necessary to enforce this Act and the board may adopt rules pursuant to this Act, which include, but are not limited to, the following. [PL 1987, c. 710, §5 (NEW).] 1. Professional associations. The board may join pr…

The Director of the Office of Professional and Occupational Regulation may establish by rule fees for purposes authorized under this chapter in amounts that are reasonable and necessary for their respective purposes in accordance with this section. Rules adopted pursuant to this …

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Eligible individual" means an individual who has been determined to qualify for assistance under the program pursuant to subsection 3 or 4. [PL 20…

1. Applicability. It is unlawful for any person to engage in the practice of pharmacy unless licensed to practice under this Act, except that: A. Physicians, dentists, veterinarians or other practitioners of the healing arts who are licensed under the laws of this State may dispe…

1. Requirements. To obtain a license to engage in the practice of pharmacy, an applicant for licensure by examination must: A. Have submitted a written application in the form prescribed by the board together with the required examination and license fee as set under section 1372…

In order to obtain a license as a pharmacist by endorsement, an applicant for licensure must meet the requirements of Title 10, section 8003‑H and any applicable rules adopted pursuant to that section.

1. Renewal. A license expires on the date set by the commissioner pursuant to Title 10, section 8003, subsection 4 for the licensing period for which the license was issued. A renewal license is issued for each ensuing licensing period in the absence of any reason or condition th…

An annual renewal license may not be issued by the board until the applicant certifies to the board that, during the calendar year preceding an application for renewal, the applicant has participated in not less than 15 hours of approved courses of continuing professional pharmac…

1. Disciplinary action. In addition to the grounds enumerated in Title 10, section 8003, subsection 5‑A, paragraph A, the board may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5‑A for: A. Misuse o…

1. Penalties. 2. Reinstatement. Any person whose license to practice pharmacy in this State has been suspended, revoked or restricted pursuant to this chapter, whether voluntarily or by action of the board, may at reasonable intervals petition the board for reinstatement of the l…

1. Licensure. All pharmacies, manufacturers, wholesalers and mail order contact lens suppliers shall annually obtain a license from the board. 2. Classifications. Pharmacies must be licensed in classifications set out in this subsection. Each pharmacy must apply for a license in …

1. Procedures. The board shall specify by rule the licensing procedures to be followed, including, but not limited to, specification of forms for use in applying for licensure and the times and places for filing an application. 2. Required information. Applications for licenses m…

1. Opening facility. Pharmacies licensed pursuant to this subchapter may open and operate the facility only: A. Upon the approval of the board or its representative; or [PL 2007, c. 402, Pt. DD, §25 (AMD).] B. Upon the pharmacist in charge certifying to the board, on forms prescr…

1. Changes. All licensed pharmacies shall report to the board, by mail, fax or electronic communication as accepted by the board, the occurrence of any of the following changes: A. Permanent closing, which requires 10 calendar days' prior notice to the public and to the board; [P…

1. Unlicensed practice. No pharmacy licensed pursuant to section 13751 may be operated until a license has been issued to that facility by the board. Any person who violates this section is subject to the provisions of Title 10, section 8003‑C. 2. Reinstatement. Reinstatement of …

A pharmacy may operate a vaccine administration clinic inside, outside or off the pharmacy's premises.

By July 1, 2017, a pharmacy must have the capability to process electronic prescriptions from prescribers for an opioid medication or request a waiver from the Commissioner of Health and Human Services stating the reasons for the waiver including but not limited to a lack of capa…

1. Purpose; statement of intent. The purpose of this section is to require licensure of manufacturers and wholesalers within or outside the State. The intent of the Legislature is that the board may not adopt rules regarding companies without wholesale facilities or manufacturers…

1. Prohibition. Except as provided in subsection 2, a manufacturer or wholesaler licensed under section 13758 or an agent of a manufacturer or wholesaler licensed under section 13758 may not offer or give the following to a practitioner: A. A cash gift in any amount; or [PL 2017,…

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1987, c. 710, §5 (NEW).] 1. Pharmacy provider. "Pharmacy provider" means a pharmacy licensed in this State participating with a rural health center under this …

1. License required. A rural health center that desires to contract for pharmaceutical services with a pharmacy shall submit an application together with the required fee as set under section 13724. The board may adopt rules that are no more restrictive than those regulating priv…

A licensee under this subchapter shall comply with section 13784; section 13785, subsections 1 to 7; and any applicable rules adopted by the board. No licensee may refill a prescription and all orders must be treated as new orders. In all other respects, notwithstanding any other…

The board shall adopt rules in conformity with the Maine Administrative Procedure Act, Title 5, chapter 375, to carry out the purposes of this subchapter.

This subchapter shall be known and may be cited as the "Third-party Prescription Program Act."

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1987, c. 710, §5 (NEW).] 1. Third-party prescription program. "Third-party prescription program" means any system of providing for the reimbursement of pharmac…

A 3rd-party prescription program may not be instituted in this State until the program provider has filed written notice of the provisions of the program with the Superintendent of Insurance and the board and given written notice to all pharmacies that are located within the coun…

No program administrator may deny to any pharmacy payment for services which may have resulted from the fraudulent or illegal use of an identification card by any person, unless the pharmacy has been notified that the card has been canceled or discontinued and that the program ad…

A 3rd-party prescription program is prohibited from charging a pharmacy a registration fee or other fixed charge, either annually or otherwise, except in cases where a charge is necessary to specifically cover any equipment, forms or materials required by the program.

Any changes in benefits or provisions in any contract may not be made unilaterally by either the program administrator or the pharmacy. Any change in a contract offered to one pharmacy shall be offered to all the state pharmacies participating in the program.

This Act does not apply to any medical assistance or public health programs administered by the Department of Health and Human Services, including, but not limited to, the Medicaid program and the Low Cost Drug Program; to any employee benefit plan that is subject to the Employee…