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HOUSE DOCKET, NO. 266        FILED ON: 1/9/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1995


The Commonwealth of Massachusetts



Louis L. Kafka


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 providing for unused medication return by health care facilities.






Louis L. Kafka

8th Norfolk

William C. Galvin

6th Norfolk

Robert M. Koczera

11th Bristol

Elizabeth A. Poirier

14th Bristol

James J. Dwyer

30th Middlesex

Cory Atkins

14th Middlesex

Colleen M. Garry

36th Middlesex

Michael Barrett

Third Middlesex

John W. Scibak

2nd Hampshire

Carl M. Sciortino, Jr.

34th Middlesex

Jennifer E. Benson

37th Middlesex

Bruce E. Tarr

First Essex and Middlesex

Keiko M. Orrall

12th Bristol

HOUSE DOCKET, NO. 266        FILED ON: 1/9/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1995

By Mr. Kafka of Stoughton, a petition (accompanied by bill, House, No. 1995) of Louis L. Kafka and others that the Commissioner of Public Health be directed to establish regulations for the return to pharmacies of certain unused medication by health care facilities.  Public Health. 


SEE HOUSE, NO. 2364 OF 2011-2012.]


The Commonwealth of Massachusetts



In the Year Two Thousand Thirteen



An Act providing for unused medication return by health care facilities.


              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 111 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out section 25I and inserting in place the following section:

              Section 25I. The commissioner shall promulgate regulations requiring that either a resident or consultant pharmacist in a health care facility shall return to the pharmacy from which it was purchased all unused medication; provided that such medication is sealed in unopened, individually packaged units and within the recommended period of shelf life, and provided that such medication is not a Schedule I or II controlled substance as defined in Chapter 94C. Such pharmacies shall accept all unused medications regardless of whether such medications are included on any list of unit-dose drugs issued by the Office of Medicaid. Any rules and regulations issued by the commissioner shall permit the pharmacy to which such medication is returned to restock and redistribute such medication, and shall be required to reimburse or credit the purchaser for any such returned medication.

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