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| 2 | 2 | | HOUSE DOCKET, NO. 3783 FILED ON: 1/20/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2140 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Nicholas A. Boldyga |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act to improve patient access to prescription medication. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Nicholas A. Boldyga3rd Hampden1/19/2023 1 of 2 |
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| 16 | 16 | | HOUSE DOCKET, NO. 3783 FILED ON: 1/20/2023 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 2140 |
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| 18 | 18 | | By Representative Boldyga of Southwick, a petition (accompanied by bill, House, No. 2140) of |
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| 19 | 19 | | Nicholas A. Boldyga relative to administering and dispensing controlled substances by certain |
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| 20 | 20 | | practitioners. Public Health. |
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| 21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 22 | 22 | | SEE HOUSE, NO. 2235 OF 2021-2022.] |
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| 23 | 23 | | The Commonwealth of Massachusetts |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | In the One Hundred and Ninety-Third General Court |
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| 26 | 26 | | (2023-2024) |
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| 27 | 27 | | _______________ |
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| 28 | 28 | | An Act to improve patient access to prescription medication. |
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| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 30 | 30 | | of the same, as follows: |
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| 31 | 31 | | 1 SECTION 1: Section 9 of Chapter 94C of the General Laws is hereby amended by |
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| 32 | 32 | | 2striking out subsection (b), as so appearing, and inserting in place thereof the following: |
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| 33 | 33 | | 3 (b) Notwithstanding section 17, a practitioner registered under section 7 may, in the good |
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| 34 | 34 | | 4faith exercise of the practitioner’s clinical judgment, dispense by delivering to an ultimate user: |
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| 35 | 35 | | 5 (1) Any prescription medication not regulated under this chapter; |
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| 36 | 36 | | 6 (2) Any prescription medication classified by the department as schedule VI subject to |
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| 37 | 37 | | 7such regulations as to safe storage, labeling, and recordkeeping as the department may adopt; 2 of 2 |
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| 38 | 38 | | 8 (3) Any prescription medication classified by the department as schedule II–V subject to |
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| 39 | 39 | | 9such regulations as to safe storage, labeling, recordkeeping, dosage, and quantity as the |
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| 40 | 40 | | 10department may adopt. |
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| 41 | 41 | | 11 Before dispensing a prescription medication under this section, a practitioner must inform |
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| 42 | 42 | | 12the ultimate user of their right to purchase the medication from any other practitioner registered |
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| 43 | 43 | | 13under section 7. |
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| 44 | 44 | | 14 This section shall not be construed to restrict a practitioner from dispensing any |
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| 45 | 45 | | 15prescription medication necessary to respond to a medical emergency. |
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