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HOUSE DOCKET, NO. 1061 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 1061
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Hannah Kane and Jack Patrick Lewis
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to emergency insulin access.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Hannah Kane11th Worcester1/18/2023Jack Patrick Lewis7th Middlesex1/18/2023Joseph D. McKenna18th Worcester1/31/2023David Allen Robertson19th Middlesex2/6/2023John Barrett, III1st Berkshire2/6/2023Kathleen R. LaNatra12th Plymouth2/6/2023William J. Driscoll, Jr.7th Norfolk2/6/2023David Paul Linsky5th Middlesex2/7/2023Steven S. Howitt4th Bristol2/7/2023Steven Owens29th Middlesex2/7/2023Lindsay N. Sabadosa1st Hampshire2/8/2023David F. DeCoste5th Plymouth2/8/2023Samantha Montaño15th Suffolk2/8/2023Alan Silvia7th Bristol2/10/2023Paul McMurtry11th Norfolk2/15/2023Colleen M. Garry36th Middlesex2/16/2023Rebecca L. RauschNorfolk, Worcester and Middlesex2/23/2023 1 of 3
HOUSE DOCKET, NO. 1061 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 1061
By Representatives Kane of Shrewsbury and Lewis of Framingham, a petition (accompanied by
bill, House, No. 1061) of Hannah Kane, Jack Patrick Lewis and others relative to emergency
insulin access. Financial Services.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1132 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to emergency insulin access.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 17G of chapter 32A of the General Laws, as appearing in the 2020
2Official Edition, is hereby amended by inserting after the word "items", in line 6, the first time it
3appears, the following words:- or if dispensed by a pharmacist in an emergency situation
4pursuant to section 12D½ of chapter 112.
5 SECTION 2. Chapter 112 of the General Laws is hereby amended by inserting after
6section 12D the following section:-
7 Section 12D ½ (a) For the purposes of this section, the following terms shall have the
8following meanings unless the context clearly requires otherwise: 2 of 3
9 "Emergency situation", an event in which authorization for the dispensing of insulin may
10not be readily obtained from the practitioner.
11 “Pharmacist’s professional judgment”, the judgment of a pharmacist as to whether the
12substance to be dispensed is essential to sustain the life of the patient or continue therapy for a
13chronic condition of the patient, and whether failure to dispense or sell the drug to the patient
14could result in harm to the health of the patient.
15 (b) Notwithstanding any general or special law to the contrary, in an emergency situation,
16a pharmacist may dispense a supply of insulin. The supply dispensed may not exceed a 30-day
17supply as provided in the prescription or, if the standard unit of dispensing for the drug exceeds a
1830-day supply, the amount of the drug dispensed or sold does not exceed the standard unit of
19dispensing. The pharmacist shall exercise professional judgment in determining the amount of
20the drug to be dispensed or sold.
21 (c) A pharmacist shall not dispense or sell a particular drug to the same patient in an
22amount described in subsection (b) more than once in any 6-month period.
23 (d) The commissioner of public health shall promulgate rules and regulations necessary
24for the implementation of this section.
25 SECTION 3. Section 10C of chapter 118E of the General Laws, as appearing in the 2020
26Official Edition, is hereby amended by inserting after the word "items", in line 4 , the following
27words:- or if dispensed by a pharmacist in an emergency situation pursuant to section 12D½ of
28chapter 112. 3 of 3
29 SECTION 4. Section 47N of chapter 175 of the General Laws, as so appearing, is hereby
30amended by inserting after the word "items", in line 14, the first time it appears, the following
31words:- or if dispensed by a pharmacist in an emergency situation pursuant to section 12D½ of
32chapter 112.
33 SECTION 5. Section 8P of chapter 176A of the General Laws, as so appearing, is hereby
34amended by inserting after the word "items", in line 13, the first time it appears, the following
35words:- or if dispensed by a pharmacist in an emergency situation pursuant to section 12D½ of
36chapter 112.
37 SECTION 6. Section 4S of chapter 176B of the General Laws, as so appearing, is hereby
38amended by inserting after the word "items", in line 13, the first time it appears, the following
39words:- or if dispensed by a pharmacist in an emergency situation pursuant to section 12D½ of
40chapter 112.
41 SECTION 7. Section 4H of chapter 176G of the General Laws, as so appearing, is hereby
42amended by inserting after the word "items", in line 9, the following words:- or if dispensed by a
43pharmacist in an emergency situation pursuant to section 12D½ of chapter 112.