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The 191st General Court of the Commonwealth of Massachusetts

Section 39B: Nuclear pharmacies

Section 39B. The board may, upon application, made in such manner and form as it shall determine, register an establishment for transacting business as a nuclear pharmacy as defined in section one of chapter ninety-four C. A nuclear pharmacy shall not perform any pharmacy functions other than the dispensing of radiopharmaceutical drug products. The board shall issue a permit to such person as its deems qualified to conduct such pharmacy; provided, however, that the board may deny such registration and may refuse to issue such permit if, in its discretion, it determines that such pharmacy would be inconsistent with or opposed to the best interest of the public health, welfare and safety. 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 nuclear pharmacy 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 and finance under the provisions 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. Failure to render such decision, except when failure to act is caused by the delay of the applicant, shall constitute an approval of the application and the permit shall be issued.

The board, in consultation with the department of public health shall promulgate regulations pertaining to the operation of nuclear pharmacies in the commonwealth. Such regulations may include procedures governing the dispensing of radiopharmaceutical drugs when the name of a patient to whom the drug is to be administered is not known at the time a prescription order is received, provided that such regulations shall allow a nuclear pharmacist up to seventy-two hours after dispensing a radiopharmaceutical drug to determine the patient's name and record such information on the appropriate form.