32 §13787-A. Sale of hypodermic apparatus - Maine Statutes

Title 32: PROFESSIONS AND OCCUPATIONS

Chapter 117: MAINE PHARMACY ACT HEADING: PL 1987, C. 710, §5 (NEW)

Subchapter 9: MISCELLANEOUS PROVISIONS HEADING: PL 1987, C. 710, §5 (NEW)

§13787-A. Sale of hypodermic apparatus

1. Authorized seller. A hypodermic apparatus, as defined in Title 17-A, section 1101, subsection 2, may be sold only by a manufacturer or dealer of embalming supplies, manufacturer or dealer of medical or dental supplies, wholesale druggist, manufacturing pharmacist, pharmacist, veterinarian, agricultural supply store or manufacturer of surgical instruments.

[ 1993, c. 394, §2 (NEW) .]

2. Purchaser. Any person who is 18 years of age or older may purchase a hypodermic apparatus from a seller described in subsection 1.

[ 1993, c. 394, §2 (NEW) .]

3. Criminal immunity. Immunity from criminal prosecution is governed by the following.

A. A seller described in subsection 1 is "expressly authorized" within the meaning of Title 17-A, section 1110, subsection 1-B, paragraph A. [2003, c. 688, Pt. A, §39 (AMD).]

B. A seller described in subsection 1 or a purchaser described in subsection 2 is "expressly authorized" within the meaning of Title 17-A, section 1111, subsection 1, paragraph A. [1993, c. 394, §2 (NEW).]

[ 2003, c. 688, Pt. A, §39 (AMD) .]

4. Immunity limited. This section does not limit prosecution for violation of any law prohibiting or regulating the use, possession, dispensing, distribution or promotion of controlled substances, scheduled drugs or drug paraphernalia.

[ 1993, c. 394, §2 (NEW) .]

5. Medicaid not affected. This section does not diminish, expand or otherwise affect Medicaid reimbursement for hypodermic apparatuses.

[ 1993, c. 394, §2 (NEW) .]

SECTION HISTORY

1993, c. 394, §2 (NEW). 2003, c. 688, §A39 (AMD).