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The 191st General Court of the Commonwealth of Massachusetts

AN ACT RELATIVE TO THE PRESCRIPTION MONITORING PROGRAM.

 

 

Whereas, The deferred operation of this act would tend to defeat its purposes, which are to provide for the prescription monitoring program, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

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

Subsection (f) of section 24A of chapter 94C of the General Laws is hereby amended by striking out clauses (6) and (7), inserted by section 44 of chapter 208 of the acts of 2018, and inserting in place thereof the following 3 clauses:-

(6)  personnel of: (A) the United States attorney or a federal agency; provided, however, that the data request is made pursuant to clause (4) or federal law; (B) the office of the attorney general provided, however, that the data request is in connection with a bona fide specific controlled substance or additional drug related investigation and accompanied by a probable cause warrant issued pursuant to chapter 276 or a civil investigative demand; or (C) a district attorney’s office; provided, however, that the data request is in connection with a bona fide specific controlled substance or additional drug related investigation and accompanied by a probable cause warrant issued pursuant to chapter 276;

(7)  personnel of the Medicaid fraud control unit within the office of the attorney general; provided, however, that the data request is made in connection with a bona fide specific controlled substance or additional drug related investigation of a practitioner, pharmacist, pharmacy, person required to be a registered participant by this chapter or any other provider subject to the jurisdiction of a Medicaid fraud control unit under federal law, including, but not limited to, 42 U.S.C. section 1396b, et. seq.; and provided further, that, notwithstanding clauses (4) and (6), the department shall provide the data requested pursuant to this clause without a probable cause warrant issued pursuant to chapter 276 or a civil investigative demand; or

(8)  personnel within the office of a district attorney; provided, however, that the data request is made in connection with a bona fide investigation into the cause and manner of death of an individual suspected of a drug overdose; provided further, that data provided pursuant to this clause is limited to the prescription information of the individual suspected of the drug overdose; and provided further, that, notwithstanding clauses (4) and (6), the department shall provide the data requested pursuant to this clause without a probable cause warrant issued pursuant to chapter 276.

Approved, January 10, 2019.