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. Subsection (b) of section 9 of chapter 94C of the General Laws, as most recently amended by section 4 of chapter 10 of the acts of 1992, is hereby further amended by striking out the last two paragraphs and inserting in place thereof the following two paragraphs:-

This section shall not prohibit or limit the dispensing of any prescription medication that is classified by the department of public health as schedule VI and that is provided free of charge by the manufacturer as part of an indigent patient program or for use as samples if such prescription medications are: (1) dispensed to the patient by a professional authorized to dispense controlled substances pursuant to this section; (2) dispensed in the package provided by the manufacturer; and (3) provided at no charge to the patient.

The department shall promulgate rules and regulations governing the dispensing of medication pursuant to this section. Said rules and regulations shall include, but need not be limited to, the types and amounts of medications that can be dispensed, and the appropriate safeguards for the labeling and dispensing of such medications.

SECTION 2. The rules and regulations governing the dispensing of medications pursuant to subsection (b) of section nine of chapter ninety-four C of the General Laws shall be promulgated and shall be effective no later than October first, nineteen hundred and ninety-three. The department of public health shall establish a program of notification to inform physicians of said rules and regulations. No medication shall be dispensed as part of an indigent patient program under authority of this act until October first, nineteen hundred and ninety-three or until said rules and regulations take effect, whichever occurs first. The department shall make a detailed written report to the committee on health care regarding the status and implementation of said rules and regulations and the program of notification no later than September fifteenth, nineteen hundred and ninety-three.