Amendment ID: S2407-17

Amendment 17

Tobacco Cessation Product Standing Order

Mr. Tarr, Ms. Gobi and Mr. O'Connor move that the proposed new text be amended by inserting after section _ the following:-

"SECTION _. Chapter 94C of the General Laws is hereby amended by inserting after section 19D the following section:-

Section 19E. (a) As used in this section, “Over-the-counter tobacco cessation product” shall mean any product approved by the U.S. Food and Drug Administration for use as a tobacco cessation product that may be sold without a prescription.

(b) The department shall ensure that a statewide standing order is issued to authorize the dispensing of over-the-counter tobacco cessation products in the commonwealth by a licensed pharmacist. The statewide standing order shall include, but not be limited to, written, standardized procedures or protocols for the dispensing of an over-the-counter tobacco cessation product by a licensed pharmacist. Notwithstanding any general or special law to the contrary, the commissioner, or a physician who is designated by the commissioner and is registered to distribute or dispense a controlled substance in the course of professional practice under section 7, may issue a statewide standing order that may be used for a licensed pharmacist to dispense an over-the-counter tobacco cessation product under this section.

(c) Notwithstanding any general or special law to the contrary, a licensed pharmacist may dispense an over-the-counter tobacco cessation product in accordance with the statewide standing order issued under subsection (b). Except for an act of gross negligence or willful misconduct, a pharmacist who, acting in good faith, dispenses an over-the-counter tobacco cessation product shall not be subject to any criminal or civil liability or any professional disciplinary action by the board of registration in pharmacy related to the use or administration of an over-the-counter tobacco cessation product.

(d) A pharmacist who dispenses an over-the-counter tobacco cessation product shall annually report to the department the number of over-the-counter tobacco cessation products dispensed. Reports shall not identify an individual patient, shall be confidential and shall not constitute a public record as defined in clause Twenty-sixth of section 7 of chapter 4. The department shall publish an annual report that includes aggregate information about the dispensing of over-the-counter tobacco cessation products in the commonwealth."