An Act To Improve Law Enforcement Access to Prescription Monitoring Program Data
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §7250, sub-§4, ¶G, as amended by PL 2011, c. 657, Pt. O, §3, is further amended to read:
G. The office that administers the MaineCare program pursuant to chapter 855 for the purposes of managing the care of its members, monitoring the purchase of controlled substances by its members, avoiding duplicate dispensing of controlled substances and providing treatment pattern data under subsection 6; and
Sec. 2. 22 MRSA §7250, sub-§4, ¶H, as enacted by PL 2011, c. 218, §3, is amended to read:
H. Another state pursuant to subsection 4-A . ; and
Sec. 3. 22 MRSA §7250, sub-§4, ¶I is enacted to read:
I. A law enforcement agency with the written approval of the Attorney General or of the District Attorney for the jurisdiction in which the investigation is pending, insofar as the information relates to an active investigation. Prescription monitoring information in the possession or under the control of a law enforcement agency is confidential and may be disseminated only in accordance with Title 16, section 614. The department shall accommodate requests for prescription monitoring information properly executed by law enforcement agencies pursuant to this paragraph. The department, in consultation with the Attorney General, shall determine the manner by which law enforcement agencies may request prescription monitoring information.
summary
This bill is a product of the Maine Prescription Drug Abuse Task Force established by the Governor and the Attorney General through Executive Order 2012-002. This bill allows a law enforcement agency access to prescription monitoring program information only for an active law enforcement investigation. Information provided to a law enforcement agency remains confidential and must be safeguarded in the same manner as other investigative information.