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. Paragraph (g) of section 7 of chapter 94C of the General Laws, as appearing in section 1 of chapter 445 of the acts of 1991, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

The commissioner shall promulgate regulations which provide for the registration of nurse practitioners and for psychiatric nurse mental health clinical specialists, as defined in section eighty B of chapter one hundred and twelve, to issue written prescriptions for patients pursuant to guidelines mutually developed and agreed upon by the nurse and supervising physician under regulations approved by the board of registration in nursing and the board of registration in medicine. 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 nurse practitioners and psychiatric nurse mental health clinical specialists may be registered.

SECTION 2. Said paragraph (g) of said section 7 of said chapter 94C, as so appearing, is hereby further amended by striking out, in line 34, the word "ninety I" and inserting in place thereof the following word:- nine I.

SECTION 3. Paragraph (a) of section 9 of said chapter 94C, as appearing in section 2 of said chapter 445, is hereby amended by inserting after the word "practitioner", in line 1, the following words:- and psychiatric nurse mental health clinical specialist,.

SECTION 4. Paragraph (b) of said section 9 of said chapter 94C, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

Notwithstanding the provisions of section seventeen, a physician, physician assistant, dentist, podiatrist, certified nurse-midwife, nurse practitioner, psychiatric nurse mental health clinical specialist 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 or veterinary medicine, or a nurse, when authorized by a physician, dentist, podiatrist, nurse practitioner, physician assistant, certified nurse-midwife, psychiatric nurse mental health clinical specialist 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 such physician, dentist, podiatrist, nurse practitioner, physician assistant, certified nurse-midwife, psychiatric nurse mental health clinical specialist 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 the patient as part of such treatment shall be dispensed by prescription to such ultimate user in accordance with the provisions of this chapter.

SECTION 5. Said section 9 of said chapter 94C is hereby further amended by striking out paragraph (c), as so appearing, and inserting in place thereof the following paragraph:-

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

SECTION 6. Paragraph (d) of said section 9 of said chapter 94C, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words "or certified nurse-midwife" and inserting in place thereof the words:- certified nurse-midwife, nurse practitioner or psychiatric nurse mental health clinical specialist.

SECTION 7. Paragraph (e) of said section 9 of said chapter 94C, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Notwithstanding the provisions of paragraph (b), a physician, nurse practitioner, physician assistant, 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, nurse practitioner, physician assistant or certified nurse-midwife, may lawfully dispense controlled substances pursuant to Schedule VI to recipients of such 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.

SECTION 8. Section 80B of chapter 112 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by inserting after the word "practitioner", in lines 39 and 61, each time it appears, the words:- psychiatric nurse mental health clinical specialist,.

SECTION 9. Said chapter 112 is hereby further amended by striking out section 80E, as so appearing, and inserting in place thereof the following section:-

Section 80E. A nurse practitioner or psychiatric nurse mental health clinical specialist may issue written prescriptions and order tests and therapeutics pursuant to guidelines mutually developed and agreed upon by the nurse and the supervising physician in accordance with regulations promulgated jointly by the board and the board of registration in medicine after consultation with the board of registration in pharmacy. A prescription made by a nurse practitioner or psychiatric nurse mental health clinical specialist shall include the name of the physician with whom such nurse has developed and signed mutually agreed upon guidelines approved by said board and said board of registration in medicine pursuant to section eighty B.