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Budget Summary FY2014

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Outside Section 86
Data Current as of:  9/11/2013

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Section 244 Amendment

SECTION 86.   Subsection (d 1/2) of section 18 of chapter 94C of the General Laws, as amended by section 2 of chapter 8 of the acts of 2013, is hereby further amended by adding the following paragraph:-

Nothing in this subsection shall be interpreted to prohibit a retail pharmacy operating within the commonwealth from filling prescriptions for a narcotic substance contained in schedule II of section 3 to residents of states other than Maine and the states contiguous with the commonwealth, provided, however, that:

(1) the pharmacy shall be licensed for retail by the commonwealth and, if applicable, registered with the appropriate regulatory authorities in the state from which the prescription is received and the United States Drug Enforcement Administration, as applicable, for the dispensing of controlled substances;

(2) the prescription shall be filled by a pharmacist licensed and registered in the state from which the prescription originates, if the state of the prescription's origin requires such registration and licensing, and shall be written by a physician licensed to practice medicine and registered in the same state or a contiguous state to where the prescription is to be delivered and registered under federal law to write prescriptions;

(3) the prescription shall be received by the retail pharmacy via mail or commercial carrier or through an equivalent electronic means as may be authorized by federal law;

(4) a registered pharmacist filling a prescription under this subsection shall determine, in accordance with professional standards and personal judgment, that such prescription is authentic, valid, legitimate and legal in the state from which it is received and shall verify the prescription by telephonic or other means; provided, however, that a pharmacist shall not fill a prescription for which verification cannot be obtained; and provided further, that any delivery of controlled substances to residents of another state shall be in full compliance with all laws and regulations of that state relative to the issuance and filling of prescriptions;

(5) the pharmacy shall comply with all reporting requirements of the state to which the prescription is delivered including, but not limited to, enrollment in and adherence to the rules, regulations and requirements of the state's prescription monitoring program or any program equivalent thereto, where applicable; and

(6) any substances delivered under this subsection shall be delivered via mail or by a commercial carrier to a verified address in the state of residence of the person for whom the prescription was written and shall not enter into the hands of any person in the commonwealth not directly associated by employment or subcontract with the United States Postal Service or commercial carrier selected for such purpose.