Sec. 1. 22 MRSA §3174-DD is enacted to read:

§3174-DD.__Drug Utilization Review Committee

1.__Authority.__The department has the authority to determine which prescription and over-the-counter drugs are subject to prior authorization and coverage under the MaineCare program.

2.__Drug Utilization Review Committee.__In order to make determinations regarding which prescription and over-the- counter drugs are subject to prior authorization, the Drug Utilization Review Committee, referred to in this section as "the committee," is established.

A.__The committee is composed of an equal number of actively practicing physicians and actively practicing pharmacists, totaling not fewer than 6 individuals.__The department shall appoint the members of the committee and establish their terms.

B.__Public notice of the date, time and location of all meetings of the committee must be made in accordance with Title 1, section 406 at least 7 days in advance of the meeting.__This notice must also include a list of all drugs to be considered for prior authorization at that meeting.__The meetings must be considered public proceedings, for purposes of Title 1, chapter 13.__Members of the public, including health care providers and drug manufacturers, who are physically present at committee meetings must be granted reasonable opportunity to address the committee prior to any vote.

C.__At the conclusion of a meeting pursuant to paragraph B, committee members shall record their vote for each drug on a form to be supplied at each meeting.__After adding or deleting a drug from the list of drugs that require prior authorization, the committee shall issue written findings setting forth the evidentiary basis for its decision.__ These findings must address, without limitation, all relevant clinical data, as well as the likelihood that subjecting a drug to prior authorization will cause adverse medical results or affect patients' access to all medically necessary outpatient drugs.__A vote of at least 2/3 of the committee members present is required to add or delete a drug from the list of drugs that require prior authorization.