Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 7 of chapter 94C of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out paragraph (g) and inserting in place thereof the following paragraph:-

(g) The commissioner may by regulation authorize the registration for a specific activity or activities requiring registration under this section of such persons as he determines to be qualified for such registration.

The commissioner shall promulgate regulations which provide for the registration of nurse practitioners to issue written prescriptions for patients in long term care facilities or for chronic patients in home care settings where the individual would otherwise require institutionalization. Prior to promulgating such regulations, the commissioner shall consult with the board of registration in medicine, the board of registration in nursing and the board of registration in pharmacy with regard to those schedules of controlled substances for which nurse practitioners may be registered.

The commissioner shall promulgate regulations which provide for the registration of certified nurse-midwives, as provided in section eighty C of chapter one hundred and twelve, to issue written prescriptions for patients pursuant to guidelines mutually developed and agreed upon by the certified nurse-midwife and the supervising physician in accordance with regulations approved by the board of registration in medicine and the board of registration in nursing. Prior to promulgating such regulations, the commissioner shall consult with the board of registration in nursing, the board of registration in medicine and the board of registration in pharmacy with regard to those schedules of controlled substances for which certified nurse-midwives may be registered.

The commissioner shall promulgate regulations which provide for the registration of physicians assistants to issue written prescriptions for patients pursuant to guidelines mutually developed and agreed upon by the supervising physician and the physician assistant. Prior to promulgating such regulations, the commissioner shall consult with the board of registration of physician assistants, the board of registration in medicine and the board of registration in pharmacy with regard to those schedules of controlled substances for which physician assistants may be registered to issue written prescriptions therefor; provided, however, that a physician assistant who has not successfully passed the national certification examination for physician assistants or who does not meet all of the current requirements for obtaining an initial physician assistant's registration as listed in section ninety I of chapter one hundred and twelve may not be authorized to write prescriptions under any circumstances.

SECTION 2. Said chapter 94C is hereby further amended by striking out section 9, as so appearing, and inserting in place thereof the following section:-

Section 9. (a) A physician, dentist, podiatrist, nurse practitioner as limited by paragraph (g) of section seven and section eighty E of chapter one hundred and twelve and physician assistant as limited by said paragraph (g) of said section seven and section nine E of said chapter one hundred and twelve and a certified nurse-midwife as provided in section eighty C of said chapter one hundred and twelve, or a veterinarian when registered pursuant to the provisions of said section seven and when acting conformably with the provisions of applicable federal law and any provisions of this chapter which is consistent with federal law, in good faith and in the course of a professional practice for the alleviation of pain and suffering or for the treatment or alleviation of disease, may possess such controlled substances as may reasonably be required for the purpose of patient treatment and may administer controlled substances or may cause the same to be administered under his direction by a nurse.

(b) Notwithstanding the provisions of section seventeen, a physician, physician assistant, dentist, podiatrist, certified nurse-midwife or veterinarian who is registered pursuant to the provisions of section seven, when acting in good faith and in the practice of medicine, dentistry, podiatry, nurse-midwifery, veterinary medicine or a nurse, when authorized by a physician, dentist, podiatrist, nurse practitioner, physician assistant, certified nurse-midwife or veterinarian in the course of said nurse's professional practice, may dispense by delivering to an ultimate user a controlled substance in a single dose or in such quantity as is, in the opinion of the physician, dentist, podiatrist, nurse practitioner, physician assistant, certified nurse-midwife, or veterinarian, essential for the treatment of the patient; provided, however, that such amount or quantity of such controlled substance shall not exceed the amount needed for the immediate treatment of the patient and that all such controlled substances required by such patient as part of such treatment shall be dispensed by prescription to such ultimate user in accordance with the provisions of this chapter.

For the purposes of this section the words "immediate treatment" shall mean the quantity of a controlled substance which is necessary for the proper treatment of the patient until it is possible for him to have a prescription filled by a pharmacy.

(c) A nurse who has obtained from a physician, dentist, physician assistant, podiatrist, certified nurse-midwife or veterinarian, a controlled substance for dispensing to an ultimate user, pursuant to the provisions of subsection (b) or for administration to a patient pursuant to the provisions of subsection (a), during the absence of such physician, physician assistant, dentist, podiatrist, certified nurse-midwife or veterinarian shall return to such physician, physician assistant, dentist, podiatrist, certified nurse-midwife or veterinarian any unused portion of such substance which is no longer required by the patient.

(d) Every physician, physician assistant, dentist, podiatrist, certified nurse-midwife or veterinarian shall, in the course of a professional practice, keep and maintain records open to inspection by the commissioner during reasonable business hours, which shall contain the names and quantities of any controlled substances in Schedule I, II or III received by such practitioner; the name and address of the patient to whom such controlled substance is administered or dispensed; the name, dosage and strength per dosage unit of such controlled substance and the date of such administration or dispensing.

(e) Notwithstanding the provisions of subsection (b), a physician, or certified nurse-midwife, when acting in good faith and providing care under a program funded in whole or in part by 42 USC 300, or in a clinic licensed by the department to provide comparable medical services or a registered nurse, registered pursuant to the provisions of section seventy-four of chapter one hundred and twelve and authorized by such physician, or certified nurse-midwife, may lawfully dispense controlled substances pursuant to Schedule VI to recipients of these services in such quantity as needed for treatment, and shall be exempt from the requirement that such dispensing be in a single dosage or as necessary for immediate treatment; provided, however, that such registered nurse shall not so dispense except as provided in section seventeen. The department may establish rules and regulations controlling the dispensing of said medications including, but not limited to, the types and amounts of medications dispensed and appropriate safeguards for dispensing.

SECTION 3. Section 9E of chapter 112 of the General Laws, as so appearing, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:-

A physician assistant may order therapeutics and tests and issue written prescriptions for patients subject to the provisions of paragraph (g) of section seven of chapter ninety-four C. Any prescription of medication made by a physician assistant must include the name of the supervising physician.