14-118 C.M.R. ch. 11, § 10 - Penalties and Sanctions

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.

Notes

14-118 C.M.R. ch. 11, § 10