Budget Amendment ID: FY2024-S3-586

EHS 586

Improving Patient Access to Prescription Medication

Mr. Fattman moved that the proposed new text be amended by inserting after section ___ the following section:-

"SECTION XX: Section 9 of Chapter 94C of the General Laws is hereby amended by striking out subsection (b), as so appearing, and inserting in place thereof the following:

(b) Notwithstanding section 17, a practitioner registered under section 7 may, in the good faith exercise of the practitioner’s clinical judgment, dispense by delivering to an ultimate user:

(1) Any prescription medication not regulated under this chapter;

(2) Any prescription medication classified by the department as schedule VI subject to such regulations as to safe storage, labeling, and recordkeeping as the department may adopt;

(3) Any prescription medication classified by the department as schedule II–V subject to such regulations as to safe storage, labeling, recordkeeping, dosage, and quantity as the department may adopt.

Before dispensing a prescription medication under this section, a practitioner must inform the ultimate user of their right to purchase the medication from any other practitioner registered under section 7.

This section shall not be construed to restrict a practitioner from dispensing any prescription medication necessary to respond to a medical emergency."