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Committee hears technical fix to pharmacy licensure to avoid DEA/FDA "chicken‑and‑egg" barrier
Summary
LD 2019 would let wholesalers and manufacturers apply for Maine Pharmacy Act licensure before receiving federal DEA/FDA registration numbers and submit those numbers once obtained; OPOR and trade groups said the change fixes an administrative barrier with no public‑safety concerns.
Representative Sally Clucci read sponsor testimony for LD 2019, a Department of Professional and Financial Regulation bill that would amend licensure requirements under the Maine Pharmacy Act so wholesalers and manufacturers need not submit federal DEA or FDA registration numbers at the time of application if those numbers are not yet available.
Penny VanLaencourt, director of the Office of Professional and Occupational Regulation, called LD 2019 a technical fix to resolve what she described as a “chicken‑and‑egg” situation: some entities cannot obtain a DEA or FDA number without a license, but cannot apply for licensure without those numbers. OPOR provided licensing counts for context—5,545 active licensed individuals and 1,984 active licensed entities across boards OPOR regulates—and said the Board of Pharmacy will require the federal registration information once it is obtained.
Kelly Memphis of the Healthcare Distribution Alliance testified in support, saying the change would allow wholesale distributors to obtain licensure without delay and continue product delivery to Maine pharmacies. No opposition testimony was recorded during the public hearing. The committee closed the hearing and may take the bill up in work session with technical drafting from staff and OPOR.
