An Act to Expand Access to Vaccines Approved by the United States Food and Drug Administration by Allowing Pharmacists to Prescribe, Dispense and Administer Vaccines and Require Insurance Coverage

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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-SIX
_____
H.P. 1384 - L.D. 2071
An Act to Expand Access to Vaccines Approved by the United States Food
and Drug Administration by Allowing Pharmacists to Prescribe, Dispense
and Administer Vaccines and Require Insurance Coverage
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 24-A MRSA §4320-A, sub-§1, ¶B, as enacted by PL 2017, c. 343, §1 and
affected by §2, is amended to read:
B. With respect to the individual insured, immunizations that have a recommendation
from the federal Department of Health and Human Services, Centers for Disease
Control and Prevention, Advisory Committee on Immunization Practices or have been
licensed by the federal Food and Drug Administration and that are consistent with the
recommendations of the American Academy of Pediatrics, the American Academy of
Family Physicians or the American College of Obstetricians and Gynecologists or a
successor organization;
Sec. 2. 32 MRSA §13831, sub-§1, as amended by PL 2023, c. 170, §1, is further
amended to read:
1. Administration of influenza vaccines. A pharmacist licensed in this State who
meets the qualifications and requirements of section 13832 and rules adopted by the board
may prescribe, dispense or administer topically or by injection or by inhalation all forms
of influenza vaccines, including intranasal influenza vaccines, to a person 3 years 6 months
of age or older without a prescription.
Sec. 3. 32 MRSA §13831, sub-§2, as corrected by RR 2023, c. 2, Pt. A, §49, is
amended to read:
2. Administration of other vaccines. A pharmacist licensed in this State who meets
the qualifications and requirements of section 13832 and rules adopted by the board, in
addition to influenza vaccines under subsection 1, may prescribe, dispense or administer
vaccines licensed by the United States Food and Drug Administration that are
recommended by the United States Centers for Disease Control and Prevention Advisory
Committee on Immunization Practices or consistent with recommendations of the
American Academy of Pediatrics, the American Academy of Family Physicians or the
APPROVED
APRIL 13, 2026
BY GOVERNOR
CHAPTER
683
PUBLIC LAW
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American College of Obstetricians and Gynecologists, or a successor organization, for
administration to a person 18 years of age or older. A pharmacist may administer vaccines
licensed by the United States Food and Drug Administration that are recommended by the
United States Centers for Disease Control and Prevention Advisory Committee on
Immunization Practices or consistent with the recommendations of the American Academy
of Pediatrics, the American Academy of Family Physicians or the American College of
Obstetricians and Gynecologists, or a successor organization, for administration to a person
3 years of age or older and under 18 years of age according to a valid prescription from a
prescriber licensed under chapter 31, 36 or 48. A pharmacist may administer vaccines
licensed by the United States Food and Drug Administration that are outside the guidelines
recommended by the United States Centers for Disease Control and Prevention Advisory
Committee on Immunization Practices, or successor organization, for administration to a
person 18 years of age or older according to a valid prescription if the prescription
specifically states that the vaccine is medically necessary.
Sec. 4. 32 MRSA §13831, sub-§2-A, as enacted by PL 2021, c. 28, Pt. B, §2, is
amended to read:
2-A. Administration of COVID-19 vaccines. A pharmacist licensed in this State
who meets the qualifications and requirements of section 13832 and rules adopted by the
board may prescribe, dispense, administer and order COVID-19 vaccines licensed or
authorized under an emergency use authorization by the United States Food and Drug
Administration that are recommended by the United States Centers for Disease Control and
Prevention Advisory Committee on Immunization Practices, or successor organization, to
a person 3 years 6 months of age or older. For the purposes of this subsection, "COVID-
19" has the same meaning as in Title 24‑A, section 4320‑P, subsection 1, paragraph A.
Sec. 5. 32 MRSA §13831, sub-§7, as enacted by PL 2023, c. 170, §3 and
reallocated by RR 2023, c. 1, Pt. A, §28, is amended to read:
7. Notification of vaccines administration. A pharmacist licensed in this State who
meets the qualifications and requirements of section 13832 and rules adopted by the board
shall provide a written immunization record to the person, or the person's representative,
receiving a vaccine administered under this section. Within 72 hours of administering a
vaccine, a pharmacist shall notify the person's primary care provider, if any, of
administration of the vaccine. Beginning August 1, 2023, a pharmacist shall report the
administration of the vaccine to the appropriate state immunization information reporting
system within 72 hours of administering the vaccine.
Sec. 6. 32 MRSA §13834, sub-§1, as amended by PL 2023, c. 245, §3, is further
amended to read:
1. Delegate authority. A pharmacist may not delegate the pharmacist's authority to
administer drugs or vaccines; except that a pharmacist licensed under this chapter who has
obtained a certificate of administration pursuant to section 13832 may delegate the
authority to administer vaccines to a pharmacy technician who is under that pharmacist's
direct supervision and has met the requirements of section 13831, subsection 6 or may
delegate the authority to administer drugs and vaccines to a pharmacy intern who is under
that pharmacist's direct supervision and who has obtained drug administration training
pursuant to section 13832, subsection 3. A pharmacy intern may administer drugs and
vaccines only to a person 18 years of age or older.