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SENATE DOCKET, NO. 303 FILED ON: 1/12/2023
SENATE . . . . . . . . . . . . . . No. 651
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Adam Gomez
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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 relative to emergency insulin access.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Adam GomezHampdenAnne M. GobiWorcester and Hampshire2/1/2023Mark C. MontignySecond Bristol and Plymouth2/9/2023Rebecca L. RauschNorfolk, Worcester and Middlesex2/23/2023 1 of 3
SENATE DOCKET, NO. 303 FILED ON: 1/12/2023
SENATE . . . . . . . . . . . . . . No. 651
By Mr. Gomez, a petition (accompanied by bill, Senate, No. 651) of Adam Gomez, Anne M.
Gobi, Mark C. Montigny and Rebecca L. Rausch for legislation relative to emergency insulin
access. Financial Services.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 691 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
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" the third time it appears,
3the following:- or if dispensed by a pharmacist in an emergency situation pursuant to section
412D½ of chapter 112.
5 SECTION 2. Chapter 112 of the General Laws, as so appearing, is hereby amended by
6inserting after section 12D the following new 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 so appearing, is
26hereby amended by inserting after the word "items" the third time it appears, the following:- or if
27dispensed by a pharmacist in an emergency situation pursuant to section 12D½ of chapter 112. 3 of 3
28 SECTION 4. Section 47N of chapter 175 of the General Laws, as so appearing, is hereby
29amended by inserting after the word "items" the third time it appears, the following:- or if
30dispensed by a pharmacist in an emergency situation pursuant to section 12D½ of chapter 112.
31 SECTION 5. Section 8P of chapter 176A of the General Laws, as so appearing, is hereby
32amended by inserting after the word "items" the third time it appears, the following:- or if
33dispensed by a pharmacist in an emergency situation pursuant to section 12D½ of chapter 112.
34 SECTION 6. Section 4S of chapter 176B of the General Laws, as so appearing, is hereby
35amended by inserting after the word "items" the third time it appears, the following:- or if
36dispensed by a pharmacist in an emergency situation pursuant to section 12D½ of chapter 112.
37 SECTION 7. Section 4H of chapter 176G of the General Laws, as so appearing, is hereby
38amended by inserting after the word "items" the third time it appears, the following:- or if
39dispensed by a pharmacist in an emergency situation pursuant to section 12D½ of chapter 112.