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The 191st General Court of the Commonwealth of Massachusetts

Section 12GG: Dispensing of 90–day supply for prescribed topical ophthalmic products

Section 12GG. (a) A pharmacist may dispense a 90–day supply for a prescribed topical ophthalmic product when: (i) the practitioner prescribed an initial 30–day prescription for the topical ophthalmic product; (ii) the patient completed the initial 30–day prescription; (iii) the practitioner did not indicate on the original prescription that dispensing the prescription in a specific amount with periodic refills is medically necessary; and (iv) the total quantity of dosage units dispensed, including refills, does not exceed the total quantity of dosage units indicated by the practitioner on the prescription.

(b) Subsection (a) shall not apply to initial prescriptions for topical ophthalmic products that are prescribed for a 90–day supply.

(c) A pharmacist shall not dispense a prescription refill pursuant to this section in excess of the initial prescribed amount if the practitioner instructs otherwise, either orally or in writing.

(d) Within a reasonable time following an increase of supply pursuant to this section, the dispensing pharmacist or the pharmacist's designee shall notify the prescribing practitioner of the increase.

(e) This section shall not apply to topical ophthalmic products that are controlled substances as defined by the Controlled Substances Act, 21 U.S.C. 802, or section 1 of chapter 94C, except those classified as schedule VI prescription drugs.

(f) This section shall not apply to prescriptions dispensed in a hospital licensed pursuant to section 51 of chapter 111. No retail pharmacy, however organized, shall be exempt from this section.