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


Overview

Originally Published: 07/15/2015

Post Date: 07/15/2015

by Tim Cheney | Chooper's Guide & Alison Jones Webb


Summary/Abstract

Maine LD 140 Enacted -  An Act To Expand Access To Lifesaving Opioid Overdose Medication Chooper's Guide, The Choopers Foundation, The Maine Harm Rediction Alliance, the still suffering addicts and their families all thank the legislative members of the State of Maine who supported LD 140 for their wisdom, courage and persistence. Your refusal to stand down will save countless lives.      

Content

127th MAINE LEGISLATURE
An Act To Expand Access To Lifesaving Opioid Overdose Medication



 

The Maine Legislature delivered a BIG WIN to overdose prevention by passing legislation that significantly expands access to naloxone. The law, which goes into effect later this year, allows overdose prevention programs such as needle exchanges to stock and distribute naloxone, and also allows physicians to issue standing orders and to prescribe to friends and others in a position to save a life. As one of our advocates said, "wow, the way this is written, it basically makes naloxone available to almost anyone."
 
A big "thank you" goes out to Representative Henry Beck (D-Waterville) for sponsoring the legislation and maintaining contact with legislators and advocates to enhance support throughout the legislative session, and also to Kenney Miller, Executive Director of the Downeast AIDS Alliance/Maine Health Equity Alliance and coordinator of the Maine Harm Reduction Alliance, who took the lead in planning, creating strategy and keeping advocates informed about where the bill was in the legislative process.
 
Altogether, the team effort to pass the bill included: young people in recovery (speaking as individuals), two parents who lost children to drug overdoses, Maine Medical Association, Maine Osteopathic Association, American Academy of Pain Management, Maine Sheriff's Association, National Association of Social Workers, the Maine Chapter of Young People in Recovery, the American Civil Liberties Union of Maine, Homeless Voices for Justice, Tim Cheney who is on the Board of Faces & Voices of Recovery and co-founder of Chooper's Guide and The Chooper's Foundation (and now a Maine resident), an ER physician, an ER nurse and mother of a young man in recovery, two public health professionals, the Kennebec County Overdose Task Force, the Portland Overdose Task Force, and the Maine Harm Reduction Alliance. 
 
Thanks to everyone who helped increase access to this lifesaving medicine!

 


Fiscal Detail and Notes
The bill includes a General Fund appropriation of $28,448 in fiscal year 2015-16 and $28,296 in fiscal year 2016-17 to the Department of Health and Human Services which allows for the prescription of naloxone hydrochloride by standing order to friends or other persons in a position to assist an individual at risk of experiencing an opioid-related drug overdose in addition to immediate family members

Correctional and Judicial Impact Statements
Eliminates Class D crimes, Class E crimes and civil violations.
A reduction in fines will decrease General Fund revenue by minor amounts.
LR1060(06) - Fiscal Note - Page 1 of 1

 

 

LAW WITHOUT
GOVERNOR'S
SIGNATURE

(Originals not returned
by Governor)

JULY 12, 2015

CHAPTER

351

PUBLIC LAW

PUBLIC Law, Chapter 351, LD 140, 127th Maine State Legislature

An Act To Expand Access To Lifesaving Opioid Overdose Medication

 STATE OF MAINE

_____

IN THE YEAR OF OUR LORD
TWO THOUSAND AND FIFTEEN

 

 An Act To Expand Access To Lifesaving Opioid Overdose Medication 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 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.


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.

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.
Community-based drug overdose prevention programs; standing orders for naloxone hydrochloride. Acting under standing orders from a licensed healthcare professional authorized by law to prescribe naloxone hydrochloride, a public health agency that provides services to populations at high risk for a drug overdose may establish an overdose prevention program in accordance with rules adopted by the department and the provisions of this subsection.


A.
Notwithstanding any other provision of law, an overdose prevention program established under this subsection may store and dispense naloxone hydrochloride without being subject to the provisions of Title 32, chapter 117 as long as these activities are undertaken without charge or compensation.


B.
An overdose prevention program established under this subsection may distribute unit-of-use packages of naloxone hydrochloride and the medical supplies necessary to administer the naloxone hydrochloride to a person who has successfully completed training provided by the overdose prevention program that meets the protocols and criteria established by the department, so that the person may possess and administer naloxone hydrochloride to an individual who appears to be experiencing an opioid related drug overdose.

The department shall adopt rules to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. Sec. 3. Appropriations and allocations. The following appropriations and allocations are made.


HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)
Medical Care - Payments to Providers 0147
Initiative:
Provides funding to allow for the prescription of naloxone hydrochloride by standing order 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.
GENERAL FUND 2015-16 2016-17
All Other $28,448 $28,296

 



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