| | | 4.__Immunity; presumption of good faith.__A pharmacist or | | person acting at the direction of a pharmacist who in good faith | | and pursuant to subsection 2 refuses to fill any prescription, | | dispense any drug or sell any targeted methamphetamine precursor | | or makes a report to a law enforcement agency is immune from any | | civil liability that might otherwise result from these actions, | | including, but not limited to, any civil liability that might | | otherwise arise under state or local laws or rules regarding | | confidentiality of information. In a proceeding regarding | | immunity from liability, there is a rebuttable presumption of | | good faith. |
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| | | 5.__Rules authorized.__The following governs rules regarding | | this section. |
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| | | A.__If the Commissioner of Public Safety finds that the ease | | of availability of liquid, liquid-filled capsule, or | | glycerin matrix forms of products containing ephedrine, | | pseudoephedrine or phenylpropanolamine is a threat to the | | public health, safety and welfare, then the Commissioner of | | Public Safety may adopt major substantive rules designating | | as "targeted methamphetamine precursors" or "methamphetamine | | precursor drugs" products containing any amount of | | ephedrine, pseudoephedrine or phenylpropanolamine or their | | salts, isomers or salts of isomers, either alone or in | | combination with other ingredients, in liquid, liquid-filled | | capsule or glycerin matrix form. |
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| | | B. If the Commissioner of Public Safety finds that sales of | | targeted methamphetamine precursors that are made without | | verifying the identity of the purchaser pose a threat to | | public health, safety and welfare, then the Commissioner of | | Public Safety may adopt major substantive rules requiring a | | pharmacist or a person acting at the direction of a | | pharmacist to demand, inspect and record proof of | | identification, including valid photographic identification, | | from any person purchasing a targeted methamphetamine | | precursor prior to the sale and to keep a log of sales. |
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| | | Sec. 8. 32 MRSA §13796 is enacted to read: |
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| | | §13796. Retail or over-the-counter sale of methamphetamine |
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| | | 1.__Definitions.__As used in this section, unless the context | | otherwise indicates, the following terms have the following | | meanings. |
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| | | A.__"Dosage unit" means that unit of measurement that is the | | equivalent to an average adult dose. |
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