SENATE DOCKET, NO. 1131        FILED ON: 1/16/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1040

The Commonwealth of Massachusetts

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PRESENTED BY:

John F. Keenan

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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 creating patient choice and education in the dispensing of opiate drugs.

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PETITION OF:

SENATE DOCKET, NO. 1131        FILED ON: 1/16/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1040

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act creating patient choice and education in the dispensing of opiate drugs.

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 2012 Official Edition, is hereby amended by inserting the following new subsection:-

(d3/4) A prescription for a narcotic substance contained in Schedule II or III of section 3 may be filled by the pharmacist in a lesser quantity of the prescribed substance than that quantity which has been indicated on the prescription, if the person presenting the prescription requests the lesser quantity. A prescription filled in a lesser quantity pursuant to this subsection shall no longer be valid for presentation or filling by a pharmacist at a later time for the remaining quantity. Within a reasonable time following any such reduction in quantity, the dispensing pharmacist or the pharmacist’s designee shall notify the prescribing practitioner of the reduction.  The notification shall be conveyed by a notation in the interoperable electronic health record of the patient, as defined by section 1 of chapter 118I, or, if the pharmacist does not have the ability to make a notation in the patient’s interoperable electronic health record, by facsimile, electronic transmission or by making a notation in the patient’s record maintained by the pharmacy, which shall be accessible to the practitioner by request. Nothing in this subsection shall be interpreted to conflict with or supersede any other requirement established by this section for a prescription of a narcotic substance, or any requirements or conditions for drug substitutions established by chapter 112. 

SECTION 2. Section 21A of chapter 94C of the General Laws, as so appearing, is hereby amended by inserting after the second paragraph the following new paragraph:-

A pharmacist shall counsel any person who presents a new prescription for filling for a narcotic substance in Schedule II or III, of their option to receive a lesser quantity of the prescribed substance than that quantity which has been indicated on the prescription.

SECTION 3.  Chapter 175 of the General Laws, as amended by chapter 258 of the Acts of 2014, is hereby further amended by inserting after the following new section:-

Section 47HH.  Any policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the commonwealth, which is considered creditable coverage under section 1 of chapter 118M, shall provide, for any covered drug that is a narcotic substance contained in Schedule II or III and that is subject to cost sharing, a schedule that allows for adjustments and reductions in said cost sharing when a person requests a prescription filled in a lesser quantity pursuant to section 18 of chapter 94C.

SECTION 4.  Chapter 176A of the General Laws, as amended by chapter 258 of the Acts of 2014, is hereby further amended by inserting the following new section:-

Section 8JJ.  Any contract between a subscriber and the corporation under an individual or group hospital service plan which is delivered, issued or renewed within the commonwealth shall provide, for any covered drug that is a narcotic substance contained in Schedule II or III and that is subject to cost sharing, a schedule that allows for adjustments and reductions in said cost sharing when a person requests a prescription filled in a lesser quantity pursuant to section 18 of chapter 94C.

SECTION 5.  Chapter 176B of the General Laws, as amended by chapter 258 of the Acts of 2014, is hereby further amended by inserting the following new section:-

Section 4JJ.  Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide, for any covered drug that is a narcotic substance contained in Schedule II or III and that is subject to cost sharing, a schedule that allows for adjustments and reductions in said cost sharing when a person requests a prescription filled in a lesser quantity pursuant to section 18 of chapter 94C.

SECTION 6.  Chapter 176G of the General Laws, as amended by chapter 258 of the Acts of 2014, is hereby further amended by inserting the following new section:-

Section 4BB.  An individual or group health maintenance contract that is issued or renewed shall provide, for any covered drug that is a narcotic substance contained in Schedule II or III and that is subject to cost sharing, a schedule that allows for adjustments and reductions in said cost sharing when a person requests a prescription filled in a lesser quantity pursuant to section 18 of chapter 94C.