Maine EMS asks legislature to clarify authority for EMS to possess and administer controlled medicines

Director Will O'Neil, director of Maine Emergency Medical Services, told the Joint Standing Committee on Criminal Justice and Public Safety that LD 484 would add statutory language clarifying EMS authority to procure, possess and administer schedule 2–4 controlled substances as part of life‑saving care.

"This legislation proposes to clarify the authority for licensed EMS agencies within the state of Maine regarding controlled substances," O'Neil said in testimony, citing a DEA final rule issued Feb. 5, 2026, that implements agency registration under the federal Protecting Patient Access to Emergency Medications Act of 2017. He described ongoing exchanges between Maine EMS and the New England DEA office and said the bill is a proactive step to ensure Maine agencies remain eligible for DEA registration.

Paramedic Jason Cooney, who said he was testifying as a private citizen, urged the committee to consider emergency enactment, describing scenarios in which EMS clinicians need benzodiazepines such as midazolam to treat prolonged seizures. Cooney said that, in his view, "the legislation before you directly addresses that problem by explicitly authorizing those activities for the many components of the EMS system who will provide the level of service where controlled substances are necessary."

Committee members pressed O'Neil on whether existing statute and Department rules already provide sufficient authority. O'Neil replied that Maine likely has legal authority now but that the DEA's new rule requires demonstrable state authorization for registration; the bill would make that demonstration explicit and give the state board rulemaking authority to respond to future federal requirements.

The committee moved the bill to work session and discussed minor technical edits and an emergency preamble to accelerate funding and authorization if needed; staff were authorized to coordinate language review with Maine EMS and, if appropriate, with the DEA. The committee recorded an 'ought to pass as amended' recommendation in the work session.