SENATE DOCKET, NO. 128        FILED ON: 1/18/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1101

The Commonwealth of Massachusetts

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PRESENTED BY:

Jennifer L. Flanagan

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act establishing a voluntary rehabilitation program for pharmacist and pharmacy interns..

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PETITION OF:

SENATE DOCKET, NO. 128        FILED ON: 1/18/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1101

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 2176 OF 2009-2010.]

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act establishing a voluntary rehabilitation program for pharmacist and pharmacy interns..

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. Chapter 112 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after section 29 the following new section:-

Section 29(A). Rehabilitation program; establishment; functions; rehabilitation evaluation committees; program participants

(a) The board shall establish a rehabilitation program (hereinafter program) designed to assist PHARMACISTS AND PHARMACY INTERNS, whose competency may have been impaired because of substance abuse disorders, to return to practice. Such program shall be designed in such a manner so that the public health and safety will not be endangered.

(b) The rehabilitation program shall: (1) serve as a voluntary alternative to traditional disciplinary actions; (2) establish criteria for the acceptance, denial, or termination of registered pharmacists and registered pharmacy interns in said program; and (3) establish an outreach program to help identify registered pharmacists and registered pharmacy interns who are identified as substance abusers and to educate them about said rehabilitation program.

Only those registered pharmacists and pharmacy interns who have requested rehabilitation and supervision shall participate in said program.  Pharmacists and pharmacy interns currently enrolled in the Massachusetts Professional Recovery System (MPRS) shall be moved into said program.  Pharmacists and pharmacy interns who have successfully completed MPRS shall be afforded the confidentiality afforded by said program.

(c) The board shall appoint one or more rehabilitation evaluation committees consisting of nine members, two of whom shall be registered pharmacists with demonstrated experience in the field of substance use disorders or psychiatric mental health pharmacy; one of whom shall be a substance abuse coordinator with demonstrated experience in the field of substance use disorders or psychiatric mental health; one of whom shall be a registered pharmacist employed as a pharmacy service administrator; one of whom shall be a registered pharmacist who has recovered from drug or alcohol addiction and has been drug and alcohol free for a minimum of two years; and three of whom shall be representatives of the public who are knowledgeable about the field of substance abuse or mental health. Each committee shall elect a chairperson and a vice chairperson. The members of the committee shall serve for such terms as the board shall determine but in no case shall such term exceed four years. All members of the committee who are pharmacists shall hold permits, [except in the case of the recovering pharmacist member] in the commonwealth for the duration of their terms. No board member may serve on a committee.

(d) The board shall employ specialists with demonstrated professional expertise in the field of substance abuse disorders to serve as supervisors of participants in the rehabilitation program. Such supervisors shall serve as a liaison among the board, the committee, approved treatment programs and providers, and licensees. All information obtained by a supervisor pursuant to this section shall be exempt from disclosure and shall be confidential subject to the provisions of subsections (f) and (g).

(e) All rehabilitation evaluation committee findings shall be submitted to the board as recommendations and shall be subject to final approval of the board. Each committee shall have the following duties and responsibilities:

      (1) To evaluate, according to the guidelines prescribed by the board, those registered pharmacists or registered pharmacy interns who request participation in the program and to consider the recommendations of the specialist supervisor in the admission of the registered pharmacist or registered pharmacy intern to the rehabilitation program.

      (2) To review and designate those treatment facilities and services to which rehabilitation program participants may be referred.

      (3) To receive and review information concerning a registered pharmacist or registered pharmacy intern participating in the program.

      (4) To consider in the case of each rehabilitation program participant whether the pharmacist or pharmacy intern may with safety continue or resume the practice of pharmacy or engage in practice of a registered pharmacy intern.

      (5) To call meetings as necessary to consider the requests of registered pharmacists or registered pharmacy interns to participate in the rehabilitation program, and to consider reports regarding rehabilitation program participants.

      (6) To prepare reports to be submitted to the board.

      (7) To set forth in writing for each rehabilitation program participant an individualized rehabilitation program with requirements for supervision and surveillance.

      (8) To provide information to pharmacists and pharmacy interns requesting participation in the program.

(f) Each registered pharmacist or registered pharmacy intern who requests participation in a rehabilitation program shall agree to cooperate with the rehabilitation program recommended by a rehabilitation evaluation committee and approved by the board. Any failure to comply with the provisions of a rehabilitation program may result in termination of the participant from the rehabilitation program. The name and license number of a registered pharmacist or registered pharmacy intern terminated for failure to comply with the provisions of a rehabilitation program shall be reported to the board.

(g) After a committee in its discretion has determined that a registered pharmacist or registered pharmacy intern has been rehabilitated and the rehabilitation program is completed, the board shall seal all records pertaining to the pharmacist's or pharmacy intern's participation in the rehabilitation program. No record shall be sealed sooner than five years from the pharmacist's or intern's date of entry into the rehabilitation program. All board and committee records and records of a proceeding pertaining to the rehabilitation of a registered pharmacist or registered pharmacy intern in the rehabilitation program shall be kept confidential and are not subject to discovery.