SECTION 1. Section 39 of chapter 112, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 28, the figure “39J” and inserting in place thereof the following figure:- 39K.
SECTION 2. Chapter 112 of the General Laws is hereby amended by inserting after section 39J the following section:-
39K. The board may, upon application made in such a manner and form as it shall determine, register an establishment within a specialty medical practice for transacting business as a specialty practice pharmacy, and issue to such entity as it deems qualified a permit to operate. A specialty practice pharmacy shall be considered a retail pharmacy. The board may deny such registration and refuse to issue such permit, if, in its reasonable discretion, such entity would be inconsistent with or opposed to the best interests of the public health, welfare or safety, but no such registration shall be made or permit issued in the case of a corporation, as defined in section 30 of chapter 63 unless it shall appear to the satisfaction of the board that the management of such entity is controlled solely by a registered pharmacist. Such permit shall expire on December 31 of each uneven numbered year following the date of its issue, and the fee therefore, shall be determined annually by the commissioner of administration under section 3B of chapter 7. The board, in consultation with the department of public health, shall promulgate regulations pertaining to the operation of specialty practice pharmacies in the commonwealth subject to section 2 of chapter 30A. Said board shall determine which regulations, applicable to a retail drug business under section 39, shall apply to specialty practice pharmacies; provided, that a specialty practice pharmacy operated pursuant to this section shall employ at least 1 pharmacy technician and a supervising pharmacist who shall oversee the operation of the specialty practice pharmacy and review the operation in person at least once per week.
The board shall, within 150 days after the filing of an application, render a final decision denying or allowing registration as a specialty practice pharmacy pursuant to this section. Failure to render such decision, except when such failure to act is caused by the delay of the applicant, shall constitute an approval of the application and permit shall be issued. For the purposes of this section, the term specialty practice pharmacy shall mean a pharmacy which dispenses pharmaceuticals ordered by physicians within the specialty medical practice operating the pharmacy to patients of said physicians, within the scope of the practice.
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