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| 3.__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 who | | makes a report to a law enforcement agency is immune from any civil | | liability that might otherwise result from that action, 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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| | | 4.__Record keeping.__With regard to purchases of targeted | | methamphetamine precursors, a pharmacy may keep a log of | | information about the purchaser, which may include name, date of | | birth, address and amount of targeted methamphetamine precursors | | purchased. |
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| | | 5.__Rulemaking. The Director of the Office of Substance Abuse | | within the Department of Health and Human Services may adopt | | rules to implement this subsection.__Rules adopted pursuant to | | this subsection are major substantive rules as defined in Title | | 5, chapter 375, subchapter 2-A. |
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| | | A.__If the Director of the Maine Drug Enforcement Agency | | within the Department 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 or their salts, | | isomers or salts of isomers, either alone or in combination | | with other ingredients, referred to in this paragraph as | | "products," is a threat to the public health, safety and | | welfare, then the Director of the Maine Drug Enforcement | | Agency shall notify the Director of the Office of Substance | | Abuse.__The Director of the Office of Substance Abuse shall | | consult with the joint standing committee of the Legislature | | having jurisdiction over health and human services matters, | | providing the reasons for undertaking rulemaking, and may, | | after consultation, adopt rules designating the products as | | targeted methamphetamine precursors pursuant to section | | 13702, subsection 25-B, paragraph B. |
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| | | B. If the Director of the Maine Drug Enforcement Agency 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 Director of the Maine | | Drug Enforcement Agency shall notify the Director of the Office | | of Substance Abuse.__The Director of the Office of Substance | | Abuse shall consult with the |
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