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An Act Relating to the Provision of Tobacco Cessation Services by Pharmacists
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §3174-ZZ  is enacted to read:
§ 3174-ZZ. Reimbursement for pharmacist tobacco cessation services
 
1.  Reimbursement.     By January 1, 2018, the department shall provide for the reimbursement of pharmacists under the MaineCare program for tobacco cessation counseling services and the furnishing of nicotine replacement products approved by the federal Food and Drug Administration as authorized pursuant to Title 32, section 13702-A, subsection 28 and in accordance with rules adopted by the Department of Professional and Financial Regulation, Maine Board of Pharmacy.
 
2.  Rulemaking.     The department shall adopt rules to implement this section. The rules must include, at a minimum, reimbursement levels and a description of products that require counseling services by a pharmacist. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 2. 32 MRSA §13702-A, sub-§28, as amended by PL 2013, c. 308, §2, is further amended to read:
 
28. Practice of pharmacy.   "Practice of pharmacy" means the interpretation and evaluation of prescription drug orders; the compounding, dispensing and labeling of drugs and devices, except labeling by a manufacturer, packer or distributor of nonprescription drugs and commercially packaged legend drugs and devices; the participation in drug selection and drug utilization reviews; the proper and safe storage of drugs and devices and the maintenance of proper records for these drugs and devices; the administration of vaccines licensed by the United States Food and Drug Administration that are recommended by the United States Centers for Disease Control and Prevention Advisory Committee on Immunization Practices, or successor organization, for administration to adults; the performance of collaborative drug therapy management; the responsibility for advising, when necessary or regulated, of therapeutic values, content, hazards and use of drugs and devices; the provision of tobacco cessation counseling services and the furnishing of nicotine replacement products approved by the United States Food and Drug Administration; and the offering or performing of those acts, services, operations or transactions necessary in the conduct, operation, management and control of a pharmacy.
Sec. 3. Rulemaking. By January 1, 2018, the Department of Professional and Financial Regulation, Maine Board of Pharmacy shall adopt, in consultation with the Board of Licensure in Medicine, rules for the provision of tobacco cessation counseling services by pharmacists and the furnishing by pharmacists of nicotine replacement products approved by the federal Food and Drug Administration as described in the Maine Revised Statutes, Title 32, section 13702-A, subsection 28. The rules must include standardized procedures and protocols for record keeping, notification of health care providers and monitoring patients, as well as smoking cessation therapy training requirements for pharmacists. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
 
SUMMARY
This bill amends the laws governing the practice of pharmacy to expressly include tobacco cessation counseling services and the furnishing of nicotine replacement products approved by the federal Food and Drug Administration. It also requires pharmacists to be reimbursed by the MaineCare program for these services. It requires the Department of Health and Human Services to adopt rules by January 1, 2018 for the reimbursement of pharmacists for counseling services. It also requires the Department of Professional and Financial Regulation, Maine Board of Pharmacy to adopt rules by January 1, 2018 in consultation with the Board of Licensure in Medicine for the provision of tobacco cessation counseling services by pharmacists and the furnishing by pharmacists of nicotine replacement products that are approved by the federal Food and Drug Administration.