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General Laws

Section 39A. The board may, upon application of the plan administrator or trustee of any trust, fund, pension plan, combination plan or profit sharing plan, which is subject to the provisions of chapter one hundred and fifty-one D, register a facility, hereinafter called a restricted pharmacy, for the limited transaction of the drug business as defined in section thirty-seven. A restricted pharmacy may furnish pharmacy services only to beneficiaries, as defined in section one of said chapter one hundred and fifty-one D, of said trust, fund, pension plan, combination plan or profit sharing plan and who reside in the commonwealth or in any other New England state. Charges for such services shall be determined by said trustee or plan administrator. A restricted pharmacy may, after written notice to the board limit its operation to a specific schedule of drugs.

Said board shall determine which regulations, applicable to a retail drug business registered under section thirty-nine shall apply to a pharmacy registered under this section and may establish, subject to the provisions of section two of chapter thirty A, regulations which shall apply only to a restricted pharmacy.

Nothing in this section shall prohibit a restricted pharmacy from accepting and filling prescriptions by mail; provided, however, that, notwithstanding the provisions of paragraph (c) of section eighteen of chapter ninety-four C or any other law to the contrary, the prescribing physician is verified, according to procedures established by the board, as licensed to practice in the commonwealth or in any New England state.

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