Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S651 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 303 FILED ON: 1/12/2023
3	3	SENATE . . . . . . . . . . . . . . No. 651
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Adam Gomez
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to emergency insulin access.
13	13	_______________
14	14	PETITION OF:
15	15	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
16	16	SENATE DOCKET, NO. 303 FILED ON: 1/12/2023
17	17	SENATE . . . . . . . . . . . . . . No. 651
18	18	By Mr. Gomez, a petition (accompanied by bill, Senate, No. 651) of Adam Gomez, Anne M.
19	19	Gobi, Mark C. Montigny and Rebecca L. Rausch for legislation relative to emergency insulin
20	20	access. Financial Services.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 691 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act relative to emergency insulin access.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 17G of chapter 32A of the General Laws, as appearing in the 2020
32	32	2Official Edition, is hereby amended by inserting after the word "items" the third time it appears,
33	33	3the following:- or if dispensed by a pharmacist in an emergency situation pursuant to section
34	34	412D½ of chapter 112.
35	35	5 SECTION 2. Chapter 112 of the General Laws, as so appearing, is hereby amended by
36	36	6inserting after section 12D the following new section:-
37	37	7 Section 12D ½ (a) For the purposes of this section, the following terms shall have the
38	38	8following meanings unless the context clearly requires otherwise: 2 of 3
39	39	9 "Emergency situation", an event in which authorization for the dispensing of insulin may
40	40	10not be readily obtained from the practitioner.
41	41	11 “Pharmacist’s professional judgment”, the judgment of a pharmacist as to whether the
42	42	12substance to be dispensed is essential to sustain the life of the patient or continue therapy for a
43	43	13chronic condition of the patient, and whether failure to dispense or sell the drug to the patient
44	44	14could result in harm to the health of the patient.
45	45	15 (b) Notwithstanding any general or special law to the contrary, in an emergency situation,
46	46	16a pharmacist may dispense a supply of insulin. The supply dispensed may not exceed a 30-day
47	47	17supply as provided in the prescription or, if the standard unit of dispensing for the drug exceeds a
48	48	1830-day supply, the amount of the drug dispensed or sold does not exceed the standard unit of
49	49	19dispensing. The pharmacist shall exercise professional judgment in determining the amount of
50	50	20the drug to be dispensed or sold.
51	51	21 (c) A pharmacist shall not dispense or sell a particular drug to the same patient in an
52	52	22amount described in subsection (b) more than once in any 6-month period.
53	53	23 (d) The commissioner of public health shall promulgate rules and regulations necessary
54	54	24for the implementation of this section.
55	55	25 SECTION 3. Section 10C of chapter 118E of the General Laws, as so appearing, is
56	56	26hereby amended by inserting after the word "items" the third time it appears, the following:- or if
57	57	27dispensed by a pharmacist in an emergency situation pursuant to section 12D½ of chapter 112. 3 of 3
58	58	28 SECTION 4. Section 47N of chapter 175 of the General Laws, as so appearing, is hereby
59	59	29amended by inserting after the word "items" the third time it appears, the following:- or if
60	60	30dispensed by a pharmacist in an emergency situation pursuant to section 12D½ of chapter 112.
61	61	31 SECTION 5. Section 8P of chapter 176A of the General Laws, as so appearing, is hereby
62	62	32amended by inserting after the word "items" the third time it appears, the following:- or if
63	63	33dispensed by a pharmacist in an emergency situation pursuant to section 12D½ of chapter 112.
64	64	34 SECTION 6. Section 4S of chapter 176B of the General Laws, as so appearing, is hereby
65	65	35amended by inserting after the word "items" the third time it appears, the following:- or if
66	66	36dispensed by a pharmacist in an emergency situation pursuant to section 12D½ of chapter 112.
67	67	37 SECTION 7. Section 4H of chapter 176G of the General Laws, as so appearing, is hereby
68	68	38amended by inserting after the word "items" the third time it appears, the following:- or if
69	69	39dispensed by a pharmacist in an emergency situation pursuant to section 12D½ of chapter 112.