Maine LD 140: An Act To Expand Access To Lifesaving Opioid Overdose Medication

LD 140 (subjects: HEALTH CARE SERVICES , PRESCRIPTION DRUGS )

Official bill page at mainelegislature.org: http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=140&PID=1456&snum=127


Sponsors | Actions | Bill Text & Amendments | Patterns of Support


Sponsors

Principal Sponsor: Rep. Henry Beck of Waterville: (D – District 110) — e-mail | Twitter | Facebook

3 Cosponsors:

Actions

Chamber

Action
1/22/2015 House Committee on Health and Human Services suggested and ordered printed.
The Bill was REFERRED to the Committee on HEALTH AND HUMAN SERVICES.
Sent for concurrence. ORDERED SENT FORTHWITH.
1/29/2015 Senate On motion by Senator Brakey of Androscoggin, REFERRED to the Committee on Health and Human Services, in concurrence.
6/2/2015 House Reports READ.
On motion of Representative GATTINE of Westbrook TABLED pending ACCEPTANCE of Either Report.

Later today assigned.
6/2/2015 House Unfinished Business
6/3/2015 House Speaker laid before the House
On motion of Representative GATTINE of Westbrook, the Majority Ought to Pass as Amended Report was ACCEPTED.
ROLL CALL NO. 147
(Yeas 108 – Nays 36 – Absent 7 – Excused 0)
The Bill was READ ONCE.
Committee Amendment “A” (H-248) was READ.
On motion of Representative BECK of Waterville, House Amendment “A” (H-278) to Committee Amendment “A” (H-248) was READ and ADOPTED.
Committee Amendment “A” (H-248) as Amended by House Amendment “A” (H-278) thereto ADOPTED.
Under suspension of the rules, the Bill was given its SECOND READING without REFERENCE to the Committee on Bills in the Second Reading.
The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment “A” (H-248) as Amended by House Amendment “A” (H-278) thereto.
Sent for concurrence. ORDERED SENT FORTHWITH.
6/4/2015 Senate Reports READ.
Senator BRAKEY of Androscoggin moved to ACCEPT the Majority Ought to Pass as Amended Report, in concurrence.
On further motion by same Senator, TABLED until Later in Today’s Session, pending his motion to ACCEPT the Majority Ought to Pass as Amended Report, in concurrence.
6/5/2015 Senate Unfinished Business
6/8/2015 Senate Unfinished Business
6/9/2015 Senate Unfinished Business
6/10/2015 Senate Taken from the table by the President ProTem
Subsequently, On motion by Senator BRAKEY of Androscoggin The Majority Ought to Pass As Amended Report ACCEPTED , in concurrence.
Roll Call Ordered Roll Call # 190 19 Yeas – 16 Nays- 0 Excused – 0 Absent PREVAILED
READ ONCE
Committee Amendment “A” (H-248) READ AND ADOPTED , in NON-CONCURRENCE.
PASSED TO BE ENGROSSED AS AMENDED BY Committee Amendment “A” (H-248) , in NON-CONCURRENCE.
On motion by Senator ALFOND of Cumberland The Senate RECONSIDERED PASSAGE TO BE ENGROSSED AS AMENDED BY Committee Amendment “A” (H-248) , in NON-CONCURRENCE.
On motion by Same Senator The Senate RECONSIDERED ADOPTION of Committee Amendment “A” (H-248) , in NON-CONCURRENCE.
House Amendment “A” (H-278) to Committee Amendment “A” (H-248) READ and ADOPTED , in concurrence.
Committee Amendment “A” (H-248) As Amended By House Amendment “A” (H-278) thereto ADOPTED , in concurrence.
PASSED TO BE ENGROSSED AS AMENDED BY Committee Amendment “A” (H-248) AS AMENDED BY House Amendment “A” (H-278) thereto , in concurrence.
6/12/2015 House PASSED TO BE ENACTED.
Sent for concurrence. ORDERED SENT FORTHWITH.
6/16/2015 Senate On motion by Senator HAMPER of Oxford PLACED ON THE SPECIAL APPROPRIATIONS TABLE pending ENACTMENT , in concurrence.
6/30/2015 Senate On Motion by Senator HAMPER of Oxford taken from the SPECIAL APPROPRIATIONS TABLE. PASSED TO BE ENACTED , in concurrence.

Bill Text & Amendments

Important Note: The bill text below presents L.D. 140 as originally introduced. L.D. 140 was changed by the legislature through amendment. To understand the impact of this legislation in proper context, be sure to read adopted amendment text, available here: C-A (H-248) H-A to C-A (H-278) .

An Act To Expand Access To Lifesaving Opioid Overdose Medication

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

Sec. 1. 22 MRSA 2353, sub- 2, as enacted by PL 2013, c. 579, 1, is amended to read:

2. Prescription; possession; administration. The prescription, possession and administration of naloxone hydrochloride is governed by this subsection.

A. A health care professional may directly or by standing order prescribe naloxone hydrochloride to an individual at risk of experiencing an opioid-related drug overdose.
B. An individual to whom naloxone hydrochloride is prescribed in accordance with paragraph A may provide the naloxone hydrochloride so prescribed to a member of that individual’s immediate family to possess and administer to the individual if the family member believes in good faith that the individual is experiencing an opioid-related drug overdose.
C. A health care professional may directly or by standing order prescribe naloxone hydrochloride to a member of an individual’s immediate family for administration to the individual in the event of or a friend of the individual or to another person in a position to assist the individual if the individual is at risk of experiencing an opioid-related drug overdose if: .

(1) The health care professional has an established health care professional-patient relationship with the individual; and

(2) The individual is at risk of experiencing an opioid-related drug overdose.

A health care professional who prescribes naloxone hydrochloride to a member of an individual’s immediate family in accordance with this paragraph shall document in the individual’s patient medical record the name of each family member who receives such a prescription and the health care professional’s intention that the naloxone hydrochloride be administered to the individual.

D. If a member of an individual’s immediate family , friend of the individual or other person is prescribed naloxone hydrochloride in accordance with paragraph C, that family member , friend or other person may administer the naloxone hydrochloride to the individual if the family member , friend or other person believes in good faith that the individual is experiencing an opioid-related drug overdose.
E. A health care practitioner who prescribes and a person who administers naloxone hydrochloride pursuant to this subsection are immune from any civil or criminal liability for actions authorized by this subsection.

Nothing in this subsection affects the provisions of law relating to maintaining the confidentiality of medical records.

Sec. 2. 22 MRSA 2353, sub- 4 is enacted to read:

4. Drug-related overdose treatment; limited immunity. Limited immunity from criminal prosecution is provided as follows.

A. A person acting in good faith who seeks medical assistance for an individual experiencing a drug-related overdose may not be prosecuted for a violation of Title 17-A, section 1107-A, subsection 1, paragraph C if the evidence for prosecution under that section was obtained as a result of the person’s seeking medical assistance for an individual experiencing an opioid-related drug overdose.
B. A person who experiences a drug-related overdose and is in need of medical assistance may not be prosecuted for a violation of Title 17-A, section 1107-A, subsection 1, paragraph C if the evidence for prosecution under that section was obtained as a result of the person’s experiencing an opioid-related drug overdose and need for medical assistance.

Nothing in this subsection may be construed to bar the admissibility of any evidence obtained in connection with the investigation and prosecution of other crimes committed by a person who otherwise qualifies for limited immunity under this subsection.

summary

This bill allows for the prescription of naloxone hydrochloride by standing order. It allows for the prescription of naloxone hydrochloride to friends of and other persons in a position to assist an individual at risk of experiencing an opioid-related drug overdose in addition to immediate family members. It provides for immunity from civil and criminal liability for the prescription and administration of naloxone hydrochloride for prescribers and those who administer the drug. It creates a limited immunity from criminal prosecution for those who seek medical assistance when a person is experiencing an opioid-related drug overdose.

Patterns of Support

Pattern of Cosponsorship by Region:

Pattern of Cosponsorship by Gender:

Pattern of Cosponsorship by Party:

Pattern of Cosponsorship by Campaign Finance Classification:

Note: Maine Clean Elections Act (MCEA) Qualified candidates only accept a small dollar value of initial contributions early in their campaigns, pledge not to accept further campaign contributions from private sources, and receive public funding for their campaigns. MCEA Non-Qualified candidates choose not to obtain public funding and instead are free to accept campaign contributions from individuals, party committees, political action committees and business sources.


This information about LD 140 was last updated on 2016-05-12.
The Open Maine Politics website is in a beta release and results should not be taken as definitive. Please visit the official website of the Maine State Legislature for entirely verifiable information.

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