SENATE DOCKET, NO. 827        FILED ON: 1/17/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1015

The Commonwealth of Massachusetts

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PRESENTED BY:

Barry R. Finegold

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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 relative to prescription drug distribution.

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PETITION OF:

SENATE DOCKET, NO. 827        FILED ON: 1/17/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1015

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act relative to prescription drug distribution.

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 18 of chapter 94C of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the first paragraph, as amended by section 4 of chapter 244 of the Acts of 2012, the following paragraph:-

Nothing in this subsection shall be interpreted to prohibit a retail pharmacy operating within the commonwealth from filling prescriptions for a narcotic substance contained in Schedule II of section 3 to residents of states other than Maine and the states contiguous with the commonwealth, provided, however, that:

(1) the pharmacy is licensed for retail by the commonwealth, and, if applicable, registered with the appropriate regulatory authorities in the state from which the prescription is received, and the United States Drug Enforcement Administration as applicable, for the dispensing of controlled substances;

(2) the prescription is filled by a pharmacist licensed and registered in the state from which the prescription originates, if the state of the prescription’s origin requires such registration and licensing, and was written by a physician licensed to practice medicine and registered in the same state or a contiguous state to where the prescription is to be delivered, and registered under federal law to write prescriptions;

(3) the prescription is received by the retail pharmacy via mail or commercial carrier, or through an equivalent electronic means as may be permitted by federal law;

(4) a registered pharmacist filling a prescription under this subsection shall determine, in accordance with professional standards and personal judgment, that such prescription is authentic and valid, legitimate and legal in the state from which it is received, and shall verify the prescription by telephonic or other means.  A pharmacist shall not fill a prescription for which verification cannot be obtained; any delivery of controlled substances to residents of another state is in full compliance with all laws and regulations of that state as pertaining to the issuance and filling of prescriptions;

(5) the pharmacy shall comply with all reporting requirements of the state to which the prescription is delivered, including but not limited to, enrollment in and adherence to the rules, regulations and requirements of the state’s prescription monitoring program, or any program equivalent thereto, where applicable; and

(6) any substances delivered pursuant to this subsection are delivered via mail or by a commercial carrier to a verified address in the state of residence of the person for whom the prescription was written, and may not within the territory of the Commonwealth enter into the hands of any person not directly associated by employment or subcontract with the United States Postal Service or commercial carrier selected for this purpose.