F.__This subsection does not apply to workers' compensation insurance coverage.

Sec. 8. 24-A MRSA §§4310 to 4313 are enacted to read:

§4310.__Access to prescription drugs

1.__Formulary.__If a health plan provides coverage for prescription drugs but the coverage limits such benefits to drugs included in a formulary, a carrier shall:

A.__Ensure participation of participating physicians and pharmacists in the development of the formulary; and

B.__Provide exceptions from the formulary limitation when a nonformulary alternative is medically indicated that are consistent with the utilization review standards in section 4304.

2.__Coverage of approved drugs and medical devices.__A carrier that provides coverage for prescription drugs and medical devices may not deny coverage of a prescribed drug or medical device on the basis that the use of the drug or device is investigational if the intended use of the drug or device is included in the labeling authorized by the federal Food and Drug Administration or if the use of the drug or device is recognized in one of the standard reference compendia or in peer-reviewed medical literature.

3.__Construction.__This section may not be construed to require a carrier to provide coverage of prescription drugs or medical devices.

§4311.__Access to specialists

1.__Definitions.__As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A.__"Specialist" means, with respect to a condition, a health care provider that has adequate expertise through appropriate training and experience to provide high-quality care in treating the condition.