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  • Acts
  • 1998
  • Chapter 104 AN ACT FURTHER REGULATING THE PRACTICE OF PHARMACY.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


SECTION 1. Section 1 of chapter 94C of the General Laws is hereby amended by striking out the definition of "Written prescription", as appearing in the 1996 Official Edition, and inserting in place thereof the following definition:-

"Written prescription", a lawful order from a practitioner for a drug or device for a specific patient that is communicated directly to a pharmacist in a licensed pharmacy; provided, however, that "written prescription" shall not include an order for medication which is dispensed for immediate administration to the ultimate user by a practitioner, registered nurse or licensed practical nurse.

SECTION 2. Section 18 of said chapter 94C, as so appearing, is hereby amended by striking out, in line 38, the words "a contiguous" and inserting in place thereof the following word:- another.

SECTION 3. Subsection (c) of section 20 of said chapter 94C, as so appearing, is hereby amended by adding the following sentence:- The requirements of this subsection shall not apply to controlled substances in Schedule VI of section 3.

SECTION 4. Subsection (a) of section 23 of said chapter 94C, as so appearing, is hereby amended by striking out, in line 2, the word "five" and inserting in place thereof the following figure:- 30.

SECTION 5. Subsection (d) of said section 23 of said chapter 94C, as so appearing, is hereby amended by adding the following words:- ; provided further, that subject to regulations of the department and the board of pharmacy, prescriptions for implantable infusion pumps consisting of Schedule II or Schedule III controlled substances may be filled for a maximum of 90 days.

SECTION 6. Said section 23 of said chapter 94C, as so appearing, is hereby further amended by striking out subsection (g) and inserting in place thereof the following subsection:-

(g) Unless otherwise prohibited by law, a prescription shall be (1) written in ink, indelible pencil or by other means; or (2) transmitted electronically; and (3) signed by the prescriber.

SECTION 7. Said chapter 94C is hereby further amended by striking out section 24, as so appearing, and inserting in place thereof the following section:-

Section 24. (a) If the commissioner determines that a research subject or patient is receiving a controlled substance from more than one source and in quantities which he determines to be harmful to the health of such research subject or patient, said commissioner shall so notify the practitioners who have dispensed the controlled substance.

(b) In order to prevent the dispensing of controlled substances to the same individual from multiple sources or the unlawful diversion of controlled substances, the commissioner shall, pursuant to the provisions of chapter 30A, adopt rules and regulations for carrying out the provisions of this section.

Approved May 1, 1998.