Maine Revised Statutes Title 32 Sec. 13751 – Registration
Current as of: 2023 | Check for updates
|
Other versions
1. Licensure. All pharmacies, manufacturers, wholesalers and mail order contact lens suppliers shall annually obtain a license from the board.
[PL 2007, c. 402, Pt. DD, §21 (AMD).]
Terms Used In Maine Revised Statutes Title 32 Sec. 13751
- Board: means the Maine Board of Pharmacy. See Maine Revised Statutes Title 32 Sec. 13702-A
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Distribute: means the delivery of a drug other than by administering or dispensing. See Maine Revised Statutes Title 32 Sec. 13702-A
- Mail order contact lens supplier: means a person or entity, other than an optometrist or physician licensed in this State, that fills contact lens prescriptions by mail or carrier for a patient who resides in this State. See Maine Revised Statutes Title 32 Sec. 13702-A
- Nonprescription drugs: means nonnarcotic drugs that may be sold without a prescription and that are prepackaged for use by the consumer and labeled in accordance with the requirements of the laws and rules of this State and the Federal Government. See Maine Revised Statutes Title 32 Sec. 13702-A
- Person: means an individual, corporation, partnership, association or any other legal entity. See Maine Revised Statutes Title 32 Sec. 13702-A
- Pharmacist: means an individual provider of health care services licensed by this State to engage in the practice of pharmacy. See Maine Revised Statutes Title 32 Sec. 13702-A
- Pharmacy: means :
A. See Maine Revised Statutes Title 32 Sec. 13702-APractice of pharmacy: means the provision of health care services that include the interpretation and evaluation of prescription drug orders; the compounding, dispensing and labeling of drugs and devices, except labeling by a manufacturer, packer or distributor of nonprescription drugs and commercially packaged legend drugs and devices; the participation in drug selection and drug utilization reviews; the proper and safe storage of drugs and devices and the maintenance of proper records for these drugs and devices; the administration of vaccines licensed by the United States Food and Drug Administration that are recommended by the United States Centers for Disease Control and Prevention Advisory Committee on Immunization Practices, or successor organization, for administration to adults; the administration to adults by intramuscular and subcutaneous injection of drugs approved by the United States Food and Drug Administration; the performance of collaborative drug therapy management; the responsibility for advising, when necessary or regulated, of therapeutic values, content, hazards and use of drugs and devices; the ordering and dispensing of over-the-counter nicotine replacement products approved by the United States Food and Drug Administration; the prescribing, dispensing and administering of an HIV prevention drug, as defined in section 13786?E, subsection 1, paragraph B, pursuant to a standing order or collaborative practice agreement or to protocols developed by the board; and the offering or performing of those acts, services, operations or transactions necessary in the conduct, operation, management and control of a pharmacy. See Maine Revised Statutes Title 32 Sec. 13702-A
2. Classifications. Pharmacies must be licensed in classifications set out in this subsection.
Each pharmacy must apply for a license in one of the following classifications:
A. Retail pharmacy; [PL 2007, c. 402, Pt. DD, §22 (AMD).]
B. Mail order prescription pharmacy; [PL 2007, c. 402, Pt. DD, §22 (AMD).]
C. Wholesale pharmacy; [PL 2007, c. 402, Pt. DD, §22 (AMD).]
D. Rural health center; [PL 2019, c. 454, §1 (AMD).]
E. Free clinic; or [PL 2019, c. 454, §1 (AMD).]
F. Vending machine outlet. [PL 2019, c. 454, §1 (NEW).]
[PL 2019, c. 454, §1 (AMD).]
3. Rules. The board shall establish by rule the criteria that each pharmacy must meet to qualify for licensure in each classification designated in subsection 2. The board may issue various types of licenses with varying restrictions to the pharmacies referred to in subsection 2, paragraph A when the board determines it necessary by reason of the type of pharmacy requesting a license.
[PL 2007, c. 402, Pt. DD, §23 (AMD).]
3-A. Mail order contact lens suppliers. In order to meet the board’s minimum licensure requirements, a mail order contact lens supplier must:
A. Apply for a license, if filling contact lens prescriptions by mail or carrier for a patient that resides in this State; [PL 2005, c. 262, Pt. B, §11 (AMD).]
C. Provide the name and address of the owner, partners or corporation and its officers; [PL 1997, c. 117, §11 (NEW).]
D. Fill only written contact lens prescriptions containing expiration dates that do not exceed 24 months from the date of issue; [PL 1997, c. 117, §11 (NEW).]
E. Maintain a record of every contact lens prescription filled for a period of 5 years; and [PL 1997, c. 117, §11 (NEW).]
F. Supply, upon request, all information needed by the board to ensure compliance with this subchapter. [PL 1997, c. 117, §11 (NEW).]
The board may adopt rules establishing additional licensure requirements and disciplinary actions for violation of this subchapter and board rules. Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2?A.
[PL 2005, c. 262, Pt. B, §11 (AMD).]
4. Nonprescription drugs. It shall be lawful for a person to sell and distribute nonprescription drugs. Any person engaging in the sale and distribution of those items shall not be deemed to be improperly engaged in the practice of pharmacy. No rule may be adopted by the board under this Act which requires the sale of nonprescription drugs by a licensed pharmacist or under the supervision of a licensed pharmacist or otherwise applies to or interferes with the sale and distribution of those medicines.
[PL 1987, c. 710, §5 (NEW).]
SECTION HISTORY
PL 1987, c. 710, §5 (NEW). PL 1997, c. 117, §§10,11 (AMD). PL 1999, c. 42, §§4,5 (AMD). PL 2005, c. 262, §B11 (AMD). PL 2007, c. 402, Pt. DD, §§21-23 (AMD). PL 2019, c. 454, §1 (AMD).