Code of Maine Rules
02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION
392 - MAINE BOARD OF PHARMACY
Part 3 - OPERATION OF DRUG OUTLETS
Chapter 13 - OPERATION OF RETAIL PHARMACIES
Section 392-3-13-6 - Security of Prescription Filling Area

1. Absence of Pharmacist From Prescription Filling Area

A retail pharmacy and pharmacist on duty shall ensure that no person remains in the prescription filling area during the absence of a pharmacist from the prescription filling area other than a pharmacy technician, pharmacy intern or an authorized person.

2. Dispensing of Prescriptions in the Absence of a Pharmacist

A retail pharmacy may not dispense prescription drugs pursuant to an original prescription drug order in the absence of a pharmacist from the prescription filling area. A retail pharmacy may not dispense prescription drugs pursuant to a renewal prescription drug order in the absence of a pharmacist from the store premises.

3. Acceptance of Walk-In Prescription Drug Orders in the Absence of a Pharmacist

A pharmacy technician may accept prescription drug orders from walk-in patients in the absence of a pharmacist from the prescription filling area only when the pharmacist-

4. Deployment of Barrier

During the absence of a pharmacist or pharmacy technician from the prescription filling area, the prescription filling area shall be secured with a barrier that extends from the floor or counter to the ceiling. The barrier must be constructed of a material of sufficient strength so that the barrier cannot be readily removed, penetrated or bent. If the barrier is constructed of non-solid material, any openings or interstices must be small enough to prevent the removal, by any means, of items from the prescription filling area. If, in addition, there is no authorized person in the prescription filling area, the barrier shall also be locked. The retail pharmacy and pharmacist in charge shall ensure that only a pharmacist or authorized person possesses or has access to the key, combination or activation code to the lock.

5. Alarm

The prescription filling area, drug storage areas and compounding area (if applicable) must be protected by an electronic security system. The electronic security system must be separate from any other electronic security system that may be installed at the retail pharmacy, and must be capable of activation/deactivation separately from any other electronic security system that may be installed at the retail pharmacy. The pharmacy shall activate the electronic security system during the absence of a pharmacist, pharmacy technician or authorized person from the prescription filling area. The retail pharmacy and pharmacist in charge shall ensure that only a pharmacist or authorized person possesses or has access to the key, combination or activation code to the electronic security system.

6. Security Cameras

A retail pharmacy shall deploy security cameras sufficient in number to monitor the critical areas of the pharmacy department, including, at a minimum, the prescription filling area, self-service customer kiosks, dispensing machines that are part of an automated pharmacy system, controlled drug storage areas, the checkout area and compounding area (if applicable). The cameras shall operate continuously, without interruption, 24 hours per day each day of the year. The cameras shall continuously record and store images of the monitored area at a frequency of no less than 15 frames per second. A retail pharmacy shall retain stored images for no less than 30 days after recordation and shall produce the stored images to the board upon request.

The requirement of security camera coverage of the compounding area (if applicable) and controlled drug storage areas goes into effect on July 1, 2014.

7.[deleted]

8. Designation of Authorized Persons and Authorized Pharmacy Technicians

A pharmacist in charge shall report on a form supplied by the board the name and other identifying information of all authorized persons designated by the pharmacist in charge.

9. Deliveries and Delivery Logs