Section 392-5-33-2 - Sale of Drugs to Certified Midwives1.Limited Formulary A pharmacist may elect to sell to a certified midwife without a prescription only the following noncontrolled drugs and substances:
B. Oxytocin injection 10 units/ml 1 ml, excluding the oxytocic drug methergine, for the sole purpose of postpartum control of maternal hemorrhage;C. Phytonadione injection 2 mg/ml 0.5 ml (Vitamin K neonatal concentration);D. Erythromycin ophthalmic ointment (for eye prophylaxis); andE. The following local anesthetics and numbing agents for repair of lacerations: (1) Lidocaine injection 1%;(2) Bupivacaine injection 0.25%;(3) Lidocaine topical spray 10%;(4) Benzocaine topical spray 20%; and(5) Lidocaine 4% topical anesthetic cream2.Verification of Certification A pharmacist shall verify the identification and certification of a certified midwife prior to selling any of the noncontrolled drugs and substances listed in Section 2(1) of this chapter to the certified midwife. Verification consists of:
A. Obtaining the name, address and telephone number of the certified midwife;B. Viewing a valid, current certification card issued to the certified midwife by the American Midwifery Certification Board or the North American Registry of Midwives; andC. In the discretion of the pharmacist, viewing one of the following forms of photographic identification of the certified midwife: (1) A valid Maine motor vehicle operator's license;(2) A valid Maine identification card issued under Title 29-A, section 1410;(3) A valid United States passport; or(4) A valid passport or motor vehicle operator's license of another state, territory or possession of the United States or a foreign country only if it: (a) Contains a photograph of the certified midwife;(b) Is encased in tamper-resistant plastic or is otherwise tamper-resistant; and(c) Identifies the date of birth of the certified midwife.3.Delivery to Certified Midwife A pharmacist who elects to sell any of the noncontrolled drugs and substances listed in Section 2(1) of this chapter to a certified midwife must deliver the drug or substance in hand to the certified midwife personally.
4.Records of Sale A retail pharmacy shall keep a log of oxytocin for intramuscular use and injectable vitamin K sold to certified midwives pursuant to this chapter. The log may be maintained as a separate document or may be integrated into another log of a similar nature. The log must contain the following information for each transaction:
A. The name, quantity, dosage and lot number of the drug sold; andB. The name, address and telephone number of the midwife. [NOTE: Retention and production of records of sale created pursuant to this chapter is governed by Chapter 24, Section 5 of the board's rules.]
02-392 C.M.R. ch. 5, § 33-2