14- 118 C.M.R. ch. 11, § 3

Current through 2024-52, December 25, 2024

Section 118-11-3 - Definitions

1. Acute pain. Pain as defined by 22 MRSA §72461-A. Pain that is the normal, predicted physiological response to a noxious chemical or thermal or mechanical stimulus. Acute pain typically is associated with invasive procedures, trauma and disease and is usually time-limited.

2. Administer. An action to apply a prescription drug directly to a person by any means by a licensed or certified health care professional acting within that professional's scope of practice. "Administer" does not include the delivery, dispensing or distribution of a prescription drug for later use.

3. Authorized representative. A parent or guardian of a minor child, or a person who has been authorized pursuant to Article V of the Maine Probate Code to make health care decisions, or gain access to health care records, on behalf of another.

4. Benzodiazepine. Any of a specific group of drugs with a common chemical structure and pharmacological use, including certain antianxiety drugs, muscle relaxants, and sedatives. Common benzodiazepines include clonazepam (Klonopin), lorazepam (Ativan), and diazepam (Valium).

5. CFR. The Code of Federal Regulations. The Code of Federal Regulations is available at the State of Maine Law and Legislative Library, Maine State House, State Street, Augusta, Maine.

6. Chronic pain. Pain as defined by 22 MRSA §72461-C. Pain that persists beyond the usual course of an acute disease or healing of an injury and may or may not be associated with an acute or chronic pathologic process that causes continuous or intermittent pain over months or years.

7. Controlled substance. A drug or other substance included in schedules II, III or IV of 21 USC § 812 (2004), or 21 CFR § 1308 (2004).

8. Credentials. Information or a device provided by the office or their designee to a dispenser or prescriber that allows the dispenser or prescriber to electronically access prescription monitoring information. Credentials may include, but are not limited to, a username, password, or an identification device that generates a username or password.

9. Customer of the dispenser. A person seeking to have a prescription filled from a dispenser, has had a prescription partially filled by a dispenser, or has a prescription on file with the dispenser that has refills remaining.

10. Data requester. A prescriber, dispenser, or an individual duly authorized by a prescriber or dispenser, who registers with the Office or the Monitor, intending to search the prescription monitoring database for information regarding his or her own patients and customers.

11. Days' supply. The drug's intended duration, as defined by the prescriber, or the estimated number of days a prescription will last, based on the number of days a given prescription should last if taken according to the instructions.

12. Dispenser. A pharmacist who is licensed or registered under Title 32, Chapter 117 of Maine Revised Statutes Annotated.

13. Dispenser identification number. The provider identification number issued to dispensing pharmacies by the National Council for Prescription Drug Programs or an equivalent, unique identification number assigned to a dispenser by the Office or the Monitor.

14. Emergency Department. The department of a hospital that provides medical services to patients requiring immediate care.

15. Generational suffix. An element of a patient name used to identify the patient by generation, such as but not limited to "junior," "senior," or "III."

16. Hospital. A facility licensed by the Department of Health and Human Services in Maine and defined under 22 MRSA §7932. 2-A, or licensed under the appropriate licensing agencies in the state where the hospital is located.

17. Inpatient Status. The specific admission status of a patient who has been admitted to the hospital and is receiving room, board and professional services in the hospital on a continuous twenty-four (24) hour-a-day basis.

18. Long Term Care Facility. An assisted living facility or nursing home.

19. Monitor. The entity designated by the Office to implement and manage the prescription monitoring program under the direction and oversight of the Office.

20. MRSA. The Maine Revised Statutes Annotated.

21. Office. The Maine Department of Health and Human Services, Office of Substance Abuse and Mental Health Services, as defined by 22 MRSA §7246, as amended.

22. Opioid Medication. A controlled substance containing an opioid and included in 21 United States Code, Section 812 or 21 Code of Federal Regulations, Part 1308.

23. Palliative Care. Palliative care is defined by 22 MRSA §1726(1)(A).

24. Patient. Either the person, or the owner or keeper of an animal, who is the ultimate user of a drug for whom a prescription is issued and/or for whom a drug is dispensed.

25. Patient address. The current geographic location of the patient's residence. If the patient's address is in care of another person or entity, the address of that person or entity must be provided in its entirety. When alternate addresses are possible, they must be recorded in the following order of preference:

A. The geographical location of the residence, as would be identified when a telephone is used to place a 9-1-1 call as described by Title 25, Chapter 352 of the Maine Revised Statutes Annotated, as amended;

B. A post office address issued by the United States Post Office;

C. The common name of the residence and town; or

D. The mailing address of the patient.

E. The address as listed on a valid state or federal ID.

F. If none of the above area available and the patient has no current residence, a notation that the patient is homeless is available.

26. Patient date of birth. The date of birth of the ultimate user of the drug or the date of birth of the owner or keeper of an animal for whom a drug is issued or dispensed, as recorded by the Department's Office of Vital Statistics.

27. Patient identification number. The unique number used to identify a particular person by the dispenser.

28. Patient name. The name of the patient for whom a prescription is ordered and must be recorded in the following format: Surname, first or given name, middle initial, generational suffixes if any.

29. Prescriber. As defined by 22 MRSA §7246, a licensed health care professional with authority to prescribe controlled substances or a veterinarian licensed under Title 31, Chapter 71-A with authority to prescribe controlled substances.

30. Prescriber identification number. The unique number issued to authorized prescribers of controlled substances by the Drug Enforcement Administration, United States Department of Justice, to authorized prescribers of controlled substances.

31. Prescriber's care. A patient is considered under a prescriber's care for the purpose of accessing data within the Prescription Monitoring Program when that patient has been referred to the prescriber, has had an in-person professional medical consultation with that prescriber within the past three years, or has an appointment for such a consultation.

32. Prescription monitoring information. As defined by 22 MRSA §7246, information submitted to and maintained by the program.

33. Program. The Controlled Substances Prescription Monitoring Program established under 22 MRSA §7248.

34. Public health district. One of the nine public health districts defined and established by 22 M.R.S.A. §§411(5) & 412(3).

35. Residential care facility. A private non-medical institution (PNMI), that provides shelter and personal care services to individuals.

36. Serious illness. Serious illness is defined by 22 MRSA §1726(1)(B).

37. Surname. The family name of a patient, including hyphenated family names.

38. USC. The United States Code. The United States Code is available at the Law and Legislative Library, Maine State House, State Street, Augusta, Maine.

39. Valid photographic identification

A. A valid Maine motor vehicle operator license;

B. A valid Maine identification card issued pursuant to Title 29-A M.R.S.A. §1410;

C. A valid United States passport; or

D. A valid passport or motor vehicle operator's license issued by another state, U.S. territory, U.S. possession or a foreign country, provided the passport or license:

1. Contains a photograph of the traveler or licensee;

2. Is encased in tamper-resistant plastic, or otherwise possesses indicia of tamper-resistance; and

3. Identifies the date of birth of the traveler or licensee

E. Another currently valid state or federal ID that:

1. Contains a photograph of the traveler or licensee;

2. Is encased in tamper-resistant plastic, or otherwise possesses indicia of tamper-resistance; and

3. Identifies the date of birth of the traveler or licensee

14- 118 C.M.R. ch. 11, § 3