Amendment ID: S2020-34-R1

Redraft Amendment 34

Patient Choice in Prescription Volume

Messrs. Keenan, Donnelly, Wolf, Lesser and Lewis, Ms. Lovely, Ms. Jehlen, Mr. Eldridge, Ms. Donoghue, Ms. Forry, Mrs. L'Italien, Messrs. Montigny, deMacedo and Joyce, Ms. O'Connor Ives, Messrs. Tarr, Downing and Ross, Ms. Gobi and Ms. Chang-Diaz move to amend the bill by striking out section 35; and by inserting after section 11 the following section:-

"SECTION  11A. Section 18 of said chapter 94C, as so appearing, is hereby amended by inserting after subsection (d½) the following subsection:-

(d¾) A registered pharmacist filling a prescription for an opioid substance in schedule II of section 3 shall dispense the prescribed substance in any quantity requested by the patient, but not to exceed the recommended full quantity indicated on the prescription; provided that the prescription complies with said subsection (c) of said section 22. The remaining quantity in excess of the quantity requested by the patient shall be void. If the dispensed quantity is less than the recommended full quantity, the pharmacist or a designee shall, within a reasonable time following a reduction in quantity, but not to exceed 7 days, notify the prescribing practitioner of the of the quantity actually dispensed."; and

by striking out section 14 and inserting in place thereof the following 2 sections:-

"SECTION 14. The second paragraph of section 21A of said chapter 94C, as appearing in the 2014 Official Edition, is hereby amended by adding the following sentence:- A pharmacist or a pharmacist’s designee shall give notice to any person who presents for filling a prescription for an opiate contained in schedule II of section 3 issued in compliance with subsection (d3/4) of section 18 and subsection (c) of chapter 22 or an opioid contained schedule III of section 3 that the person may choose to receive a quantity of the prescribed substance up to the quantity indicated on the prescription.

SECTION 14A. Section 22 of said chapter 94C, as so appearing, is hereby amended by adding the following subsection:-

(c) Any prescription issued by a practitioner for an opioid substance contained in Schedule II of section 3 shall be written by the practitioner “up to” a recommended full quantity. The patient may fill the prescription, in compliance with subsection (d 3/4) of section 18, in an amount not to exceed the recommended full quantity indicated.".