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HOUSE DOCKET, NO. 3783 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 2140
The Commonwealth of Massachusetts
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PRESENTED BY:
Nicholas A. Boldyga
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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 to improve patient access to prescription medication.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Nicholas A. Boldyga3rd Hampden1/19/2023 1 of 2
HOUSE DOCKET, NO. 3783 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 2140
By Representative Boldyga of Southwick, a petition (accompanied by bill, House, No. 2140) of
Nicholas A. Boldyga relative to administering and dispensing controlled substances by certain
practitioners. Public Health.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2235 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 to improve patient access to prescription medication.
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 9 of Chapter 94C of the General Laws is hereby amended by
2striking out subsection (b), as so appearing, and inserting in place thereof the following:
3 (b) Notwithstanding section 17, a practitioner registered under section 7 may, in the good
4faith exercise of the practitioner’s clinical judgment, dispense by delivering to an ultimate user:
5 (1) Any prescription medication not regulated under this chapter;
6 (2) Any prescription medication classified by the department as schedule VI subject to
7such regulations as to safe storage, labeling, and recordkeeping as the department may adopt; 2 of 2
8 (3) Any prescription medication classified by the department as schedule II–V subject to
9such regulations as to safe storage, labeling, recordkeeping, dosage, and quantity as the
10department may adopt.
11 Before dispensing a prescription medication under this section, a practitioner must inform
12the ultimate user of their right to purchase the medication from any other practitioner registered
13under section 7.
14 This section shall not be construed to restrict a practitioner from dispensing any
15prescription medication necessary to respond to a medical emergency.