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The 189th General Court of the Commonwealth of Massachusetts

Section 39: Registration; permits; fees; rendering of final decision; establishment of specialty pharmacy licensure categories

Section 39. The board may, upon application made in such manner and form as it shall determine, register a store or retail food store pharmacy department or retail store pharmacy department for the transaction of the retail drug business, and issue to such person as it deems qualified to conduct such store or retail food store pharmacy department or retail store pharmacy department, a permit to keep it open; provided, however, that the board may deny such registration and refuse to issue such permit if, in its reasonable discretion, such store or retail food store pharmacy department or retail store pharmacy department would be inconsistent with or opposed to the best interests of the public health, welfare or safety, but no such registration shall be made or permit issued in the case of a corporation unless it shall appear to the satisfaction of the board that the management of such drug store or retail food store pharmacy department or retail store pharmacy department is in the hands of a registered pharmacist. Such permit shall expire on December thirty-first of each uneven numbered year following the date of its issue, and the fee therefor shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven.

The board shall, within one hundred and fifty days after the filing of an application render a final decision denying or allowing registration. For the purposes of this section and section thirty-eight the term retail food store pharmacy department shall mean any area for the transaction of the retail drug business which is located within a retail food store.

The board may establish specialty pharmacy licensure categories beyond those delineated in this section, and in sections 39A to 39C, inclusive, and in sections 39G to 39J, inclusive, through the promulgation of regulations as deemed necessary by the board in consultation with the commissioner of public health. The board shall determine which regulations, applicable to a retail drug business registered pursuant to section 39, shall apply to a pharmacy registered pursuant to this section and may establish regulations that shall only apply to a licensure category established pursuant to this paragraph. The licensure fee shall be determined annually by the secretary of administration and finance under section 3B of chapter 7.