Maine LD 710: An Act Regarding The Maine Criminal Code

Bill Text

Page 1 - 132LR0267(03)
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
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H.P. 449 - L.D. 710
An Act to Expand Access and Reduce Barriers to Access to Naloxone
Hydrochloride and Other Opioid Overdose-reversing Medications
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §2353, sub-§2, as amended by PL 2023, c. 161, §3, is further
amended to read:
2. Prescription; possession; administration. The prescription, possession and
administration of naloxone hydrochloride or another opioid overdose-reversing medication
is governed by this subsection.
A. A health care professional may directly or by standing order prescribe naloxone
hydrochloride or another opioid overdose-reversing medication to an individual at risk
of experiencing an opioid-related drug overdose. Over-the-counter naloxone
hydrochloride or another opioid overdose-reversing medication approved for over-the-
counter dispensation by the federal Food and Drug Administration or its successor
organization may be provided or administered with or without a prescription.
A-1. A pharmacist may prescribe and dispense naloxone hydrochloride or another
opioid overdose-reversing medication in accordance with protocols established under
Title 32, section 13815 to an individual of any age at risk of experiencing an opioid-
related drug overdose. Over-the-counter naloxone hydrochloride or another opioid
overdose-reversing medication approved for over-the-counter dispensation by the
federal Food and Drug Administration or its successor organization may be provided
or administered with or without a prescription.
B. An individual to whom naloxone hydrochloride or another opioid overdose-
reversing medication is prescribed or dispensed in accordance with paragraph A or A‑1
may provide the naloxone hydrochloride or another opioid overdose-reversing
medication so prescribed or dispensed 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 or another opioid overdose-reversing medication to a member of an
APPROVED
MAY 29, 2025
BY GOVERNOR
CHAPTER
145
PUBLIC LAW

Page 2 - 132LR0267(03)
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. Over-the-counter naloxone hydrochloride or another opioid
overdose-reversing medication approved for over-the-counter dispensation by the
federal Food and Drug Administration or its successor organization may be provided
or administered with or without a prescription.
C-1. A pharmacist may prescribe and dispense naloxone hydrochloride or another
opioid overdose-reversing medication in accordance with protocols established under
Title 32, section 13815 to a person of any age who is 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. Over-the-counter naloxone hydrochloride or another opioid overdose-
reversing medication approved for over-the-counter dispensation by the federal Food
and Drug Administration or its successor organization may be provided or
administered with or without a prescription.
D. If a member of an individual's immediate family, friend of the individual or other
person is prescribed or provided naloxone hydrochloride or another opioid overdose-
reversing medication in accordance with paragraph C or C‑1, that family member,
friend or other person may administer the naloxone hydrochloride or another opioid
overdose-reversing medication 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, as amended by PL 2023, c. 71, §1 and c. 161, §3,
is further amended to read:
4. Community-based drug overdose prevention programs; standing orders for
naloxone hydrochloride or another opioid overdose-reversing medication. Acting
under standing orders from a licensed health care professional authorized by law to
prescribe naloxone hydrochloride or another opioid overdose-reversing medication, a
public health an 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 provision of law to the contrary, an overdose prevention
program established under this subsection may store and dispense naloxone
hydrochloride or ano