(d 1/2) Except as provided in section 18A, a prescription for a narcotic substance contained in Schedule II of section 3 may also be issued by a practitioner who is licensed and authorized to engage in prescriptive practice and registered in Maine or in a state contiguous with the commonwealth wherein such practitioner resides or practices, if required, and registered under federal law to write prescriptions. A registered pharmacist filling a prescription under this subsection shall determine, in accordance with professional standards and personal judgment, that such prescription is authentic and valid and shall verify the prescription by telephonic or other means. A pharmacist shall not fill a prescription for which a verification cannot be obtained. A pharmacist shall not be liable for refusing to fill a prescription for which a verification cannot be obtained provided that documented good faith efforts were made to determine the authenticity and validity of such prescription. This subsection shall only apply to authorizations for the filling of prescriptions within the commonwealth, issued within the preceding 5 days, and shall not authorize such practitioner to possess, administer or dispense controlled substances under section 9 or to practice within the commonwealth. A prescription issued under this subsection shall be issued in the manner provided in section 22 and all relevant provisions of this chapter shall apply to any such practitioner and any such prescription. In the case of a prescription for a Schedule II substance filled pursuant to this subsection, a pharmacist shall, within 30 days after filling such prescription, deliver to the department a copy of each such Schedule II prescription; provided, however, that such copy shall not include the name and address of the patient for whom the prescription was issued; and provided further, that such copy and the information contained therein shall not be a public record within the meaning of section 7 of chapter 4 and shall be subject to the restrictions set forth in section 2 of chapter 66A. Nothing in this section shall authorize a mail-order pharmacy. Nothing in this subsection shall be interpreted to prohibit a retail pharmacy operating within the commonwealth from filling prescriptions for a narcotic substance contained in schedule II of section 3 to residents of states other than Maine and the states contiguous with the commonwealth, provided, however, that:
(1) the pharmacy shall be licensed for retail by the commonwealth and, if applicable, registered with the appropriate regulatory authorities in the state from which the prescription is received and the United States Drug Enforcement Administration, as applicable, for the dispensing of controlled substances;(2) the prescription shall be filled by a pharmacist licensed and registered in the state from which the prescription originates, if the state of the prescription's origin requires such registration and licensing, and shall be written by a practitioner licensed and authorized to engage in prescriptive practice and registered in the same state or a contiguous state to where the prescription is to be delivered and registered under federal law to write prescriptions or shall be written by a nurse practitioner or physician assistant who is authorized by the state of the prescription's origin to write the prescription and is licensed and registered in the same state or a contiguous state to where the prescription is to be delivered and is registered under federal law to write prescriptions;(3) the prescription shall be received by the retail pharmacy via mail or commercial carrier or through an equivalent electronic means as may be authorized by federal law;(4) a registered pharmacist filling a prescription under this subsection shall determine, in accordance with professional standards and personal judgment, that such prescription is authentic, valid, legitimate and legal in the state from which it is received and shall verify the prescription by telephonic or other means; provided, however, that a pharmacist shall not fill a prescription for which verification cannot be obtained; and provided further, that any delivery of controlled substances to residents of another state shall be in full compliance with all laws and regulations of that state relative to the issuance and filling of prescriptions;(5) the pharmacy shall comply with all reporting requirements of the state to which the prescription is delivered including, but not limited to, enrollment in and adherence to the rules, regulations and requirements of the state's prescription monitoring program or any program equivalent thereto, where applicable; and(6) any substances delivered under this subsection shall be delivered via mail or by a commercial carrier to a verified address in the state of residence of the person for whom the prescription was written and shall not enter into the hands of any person in the commonwealth not directly associated by employment or subcontract with the United States Postal Service or commercial carrier selected for such purpose.Nothing in this subsection shall prohibit a retail pharmacy operating within the commonwealth from filling prescriptions for a narcotic substance contained in schedule II of section 3 of this chapter for patients admitted to a long-term care facility in Maine or a state contiguous with the commonwealth, provided; however, that:
(i) the pharmacy is licensed for retail by the commonwealth and, if applicable, registered with the appropriate regulatory authorities in the state from which the prescription is received and the United States Drug Enforcement Administration, as applicable, for the dispensing of controlled substances; and(ii) the medications are delivered directly to the long-term care facility by a courier employed or contracted by the retail pharmacy.