The board has such other duties, powers and authority as may be necessary to enforce this Act and the board may adopt rules pursuant to this Act, which include, but are not limited to, the following.
1.Professional associations.
The board may join professional organizations and associations organized exclusively to promote the improvement of the standards of the practice of pharmacy for the protection of the health and welfare of the public and whose activities assist and facilitate the work of the board.
2.Bond.
In addition to any statutory requirements, the board may require such surety bonds as it considers necessary to guarantee the performance and discharge of the duties of any officer or employee receiving and disbursing funds.
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The board has such other duties, powers and authority as may be necessary to enforce this Act and the board may adopt rules pursuant to this Act, which include, but are not limited to, the following.
1.
Professional associations.
The board may join professional organizations and associations organized exclusively to promote the improvement of the standards of the practice of pharmacy for the protection of the health and welfare of the public and whose activities assist and facilitate the work of the board.
2.
Bond.
In addition to any statutory requirements, the board may require such surety bonds as it considers necessary to guarantee the performance and discharge of the duties of any officer or employee receiving and disbursing funds.
3.
Seal.
4.
Reports.
5.
Fees.
6.
Grants.
The board may receive and expend funds, in addition to its annual allocation, from parties other than the State, as long as:
7.
Investigatory powers.
The board shall notify the Department of the Attorney General upon receipt of a complaint. Upon receipt of the notifications, the Attorney General shall notify the department within a timely period if the alleged violation requires criminal investigation. If a case does not require criminal investigation, the board or its authorized representatives may investigate and gather evidence concerning alleged violations of this Act or of the rules of the board. The board or an authorized representative pursuant to paragraph A may remove from any premises authorized for inspection pursuant to section 13721, subsection 1, paragraph D certain original records relating to scheduled drugs or controlled substances, including, but not limited to, prescription records, shipping and delivery records, patient profiles, inventories and other drug records for the purposes of analysis, duplication and furthering the investigation. A signed inventory receipt of any records being removed must be furnished to the premises by the board or an authorized representative. When a means of producing legible photocopies is readily available at the site of the records being removed, an authorized representative removing the records shall leave photocopies of the records as part of an inventory receipt in accordance with this subsection. Except when photocopies are left as part of an inventory receipt, the board or an authorized representative removing records from the premises shall, within 48 hours from the time of removal, provide to a representative of the premises photocopies of any removed records, together with a certificate identifying the agency in possession of the records, or return the original records. Inventory receipts and photocopies of any removed records provided by the board or an authorized representative are admissible as evidence if offered by any representative of the premises to prove compliance with any rule of the board or requirement of law.
8.
Embargo.
The board may embargo certain drugs or devices as follows.
9.
Budget.
10.
Procedure.
Except as otherwise provided, the board shall exercise all of its duties, powers and authority in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375.
11.
Exemption.
The board may exempt a free clinic from all fees, in whole or in part, set under this chapter.
PL 1987, c. 710, §5 (NEW). PL 1991, c. 274, §2 (AMD). PL 1995, c. 251, §1 (AMD). PL 1995, c. 397, §111 (AMD). PL 1995, c. 499, §4 (AMD). PL 1995, c. 499, §5 (AFF). PL 1995, c. 621, §4 (AMD). PL 1997, c. 245, §§9,10 (AMD). PL 1999, c. 42, §3 (AMD). PL 2005, c. 262, §B2 (AMD). PL 2007, c. 344, §10 (AMD). PL 2007, c. 402, Pt. DD, §10 (AMD). PL 2009, c. 415, Pt. A, §19 (AMD).