A. Criminal
penalties. A person who intentionally or knowingly uses or discloses
prescription monitoring information in violation either of Title 22, M.R.S.A.
Ch. 1603 or these rules, unless otherwise authorized by law, shall be subject
to the criminal penalties established in
22
MRSA
§7251(2).
B.Civil violations
1.
Prescribers
A prescriber who fails to adhere to the opioid
prescribing rules as described in this rule or who fails to check the
prescription monitoring system as required by this rule and by statute commits
a civil violation for which a fine of $250 per violation, not to exceed $5,000
per calendar year, may be adjudged.
2.
Dispensers
A dispenser who knowingly fails to submit prescription
monitoring information to the Office or who fails to check the prescription
monitoring information system as required by this rule and by statute commits a
civil violation for which a fine of $250 per incident, not to exceed $5,000 per
calendar year, may be adjudged.
C.Administrative sanctions
1. State Reporting The Department will notify
the appropriate licensing entity in the event that any prescriber or dispenser
violates the terms of this rule. Prescribers or dispensers will receive two (2)
weeks advance notice and opportunity to comment in the event the Department
intends to contact the appropriate licensing entity regarding a
violation.
2. Prescribers
A prescriber who fails to adhere to the opioid prescribing
rules as described in this rule or to check the prescription monitoring
information system as required by this rule and by statute is subject to
discipline by the state licensing entity responsible for oversight of the
prescriber's license.
3.
Dispensers A dispenser who knowingly fails to submit prescription monitoring
information to the Office as required by this rule or by statute is subject to
discipline by the Maine Board of Pharmacy pursuant to Title 32, chapter 117,
subchapter 4 or by the applicable professional licensing entity.
