An Act To Prevent Accidental Overdoses by Establishing a Protocol for Prescription Drug Recovery
Sec. 1. 22 MRSA §7246, sub-§2, as repealed and replaced by PL 2017, c. 360, §1, is amended to read:
Sec. 2. 22 MRSA §7249, sub-§1, as amended by PL 2017, c. 360, §3, is further amended to read:
Sec. 3. 22 MRSA §7249, sub-§1-C is enacted to read:
Sec. 4. 22 MRSA c. 1627 is enacted to read:
MONITORING AND DISPOSAL OF CONTROLLED SUBSTANCES
§ 7351. Monitoring, containment and disposal of controlled substances
A provider that administers a controlled substance to an adult with long-term care needs is subject to the requirements of this section.
This bill seeks to reduce accidental overdose deaths caused by access to unused controlled substances by:
1. Requiring an entity, agency, facility or individual who offers or plans to offer any in-home or community support services or institutionally based long-term care services and who administers a controlled substance to an adult with long-term care needs as part of those services, referred to in the bill as "an administering provider," to document any controlled substance prescribed and obtained for the adult with long-term care needs, referred to in the bill as "the client-patient," and to participate in the Controlled Substances Prescription Monitoring Program, with certain exceptions;
2. Requiring that all controlled substances be kept in a locked container to which only the administering provider, the client-patient and, if there is one, a designated caregiver have access; and
3. Requiring the administering provider, upon the death of the client-patient, to collect any unused controlled substances that were prescribed and obtained for that client-patient and dispose of them properly after documenting the National Drug Code, quantity and strength. The administering provider is required to submit this documentation, including the manner of disposal of the controlled substances collected from the deceased client-patient, to the Department of Health and Human Services using the reporting system established in the Controlled Substances Prescription Monitoring Program.