HOUSE DOCKET, NO. 1061        FILED ON: 1/18/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1061

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Hannah Kane and Jack Patrick Lewis

_________________

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 emergency insulin access.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Hannah Kane

11th Worcester

1/18/2023

Jack Patrick Lewis

7th Middlesex

1/18/2023

Joseph D. McKenna

18th Worcester

1/31/2023

David Allen Robertson

19th Middlesex

2/6/2023

John Barrett, III

1st Berkshire

2/6/2023

Kathleen R. LaNatra

12th Plymouth

2/6/2023

William J. Driscoll, Jr.

7th Norfolk

2/6/2023

David Paul Linsky

5th Middlesex

2/7/2023

Steven S. Howitt

4th Bristol

2/7/2023

Steven Owens

29th Middlesex

2/7/2023

Lindsay N. Sabadosa

1st Hampshire

2/8/2023

David F. DeCoste

5th Plymouth

2/8/2023

Samantha Montaño

15th Suffolk

2/8/2023

Alan Silvia

7th Bristol

2/10/2023

Paul McMurtry

11th Norfolk

2/15/2023

Colleen M. Garry

36th Middlesex

2/16/2023

Rebecca L. Rausch

Norfolk, Worcester and Middlesex

2/23/2023

Bruce E. Tarr

First Essex and Middlesex

4/3/2023

Susannah M. Whipps

2nd Franklin

6/30/2023

Kimberly N. Ferguson

1st Worcester

7/6/2023

Christopher Richard Flanagan

1st Barnstable

7/7/2023

Sean Garballey

23rd Middlesex

7/11/2023

Russell E. Holmes

6th Suffolk

7/11/2023

Rodney M. Elliott

16th Middlesex

7/12/2023

Christopher M. Markey

9th Bristol

7/12/2023

Michelle M. DuBois

10th Plymouth

7/14/2023

Kristin E. Kassner

2nd Essex

7/17/2023

Richard M. Haggerty

30th Middlesex

7/31/2023

Simon Cataldo

14th Middlesex

8/2/2023

Margaret R. Scarsdale

1st Middlesex

8/30/2023

Bud L. Williams

11th Hampden

9/13/2023

Kate Donaghue

19th Worcester

11/21/2023


HOUSE DOCKET, NO. 1061        FILED ON: 1/18/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1061

By Representatives Kane of Shrewsbury and Lewis of Framingham, a petition (accompanied by bill, House, No. 1061) of Hannah Kane, Jack Patrick Lewis and others relative to emergency insulin access.  Financial Services.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1132 OF 2021-2022.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

_______________

 

An Act relative to emergency insulin access.

 

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 17G of chapter 32A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word "items", in line 6, the first time it appears, the following words:- or if dispensed by a pharmacist in an emergency situation pursuant to section 12D½ of chapter 112.

SECTION 2. Chapter 112 of the General Laws is hereby amended by inserting after section 12D the following section:-

Section 12D ½ (a) For the purposes of this section, the following terms shall have the following meanings unless the context clearly requires otherwise:

"Emergency situation", an event in which authorization for the dispensing of insulin may not be readily obtained from the practitioner.

“Pharmacist’s professional judgment”, the judgment of a pharmacist as to whether the substance to be dispensed is essential to sustain the life of the patient or continue therapy for a chronic condition of the patient, and whether failure to dispense or sell the drug to the patient could result in harm to the health of the patient.

(b) Notwithstanding any general or special law to the contrary, in an emergency situation, a pharmacist may dispense a supply of insulin.  The supply dispensed may not exceed a 30-day supply as provided in the prescription or, if the standard unit of dispensing for the drug exceeds a 30-day supply, the amount of the drug dispensed or sold does not exceed the standard unit of dispensing.  The pharmacist shall exercise professional judgment in determining the amount of the drug to be dispensed or sold.

(c)  A pharmacist shall not dispense or sell a particular drug to the same patient in an amount described in subsection (b) more than once in any 6-month period.

(d) The commissioner of public health shall promulgate rules and regulations necessary for the implementation of this section.

SECTION 3. Section 10C of chapter 118E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word "items", in line 4 , the following words:- or if dispensed by a pharmacist in an emergency situation pursuant to section 12D½ of chapter 112.

SECTION 4. Section 47N of chapter 175 of the General Laws, as so appearing, is hereby amended by inserting after the word "items", in line 14, the first time it appears, the following words:- or if dispensed by a pharmacist in an emergency situation pursuant to section 12D½ of chapter 112.

SECTION 5. Section 8P of chapter 176A of the General Laws, as so appearing, is hereby amended by inserting after the word "items", in line 13, the first time it appears, the following words:- or if dispensed by a pharmacist in an emergency situation pursuant to section 12D½ of chapter 112.

SECTION 6. Section 4S of chapter 176B of the General Laws, as so appearing, is hereby amended by inserting after the word "items", in line 13, the first time it appears, the following words:- or if dispensed by a pharmacist in an emergency situation pursuant to section 12D½ of chapter 112.

SECTION 7. Section 4H of chapter 176G of the General Laws, as so appearing, is hereby amended by inserting after the word "items", in line 9, the following words:- or if dispensed by a pharmacist in an emergency situation pursuant to section 12D½ of chapter 112.