Chapter 112

Section 294. (a) The board may, after a hearing pursuant to chapter 30A, suspend or revoke the license of a licensed certified professional midwife or reprimand, censure or otherwise discipline a licensed certified professional midwife for any of the reasons set forth in section …

Section 295. (a) A licensed certified professional midwife duly registered to issue written prescriptions in accordance with the provisions of subsection (j) of section 7 of chapter 94C may order, possess, purchase and administer pharmaceutical agents consistent with the scope of…

Section 296. When accepting a client for care, a licensed certified professional midwife shall obtain the client's informed consent, which shall be evidenced by a written statement in a form prescribed by the board and signed by both the licensed certified professional midwife an…

Section 297. (a) A licensed certified professional midwife shall only provide care to a client in the case of a low-risk pregnancy. If at any point during pregnancy, childbirth or postpartum care a client or the newborn's condition deviates from normal, it shall be the duty of th…

Section 2A. In determining the qualifications necessary for registration as a qualified physician, the board may at its discretion accept the certificate of the National Board of Medical Examiners of the United States, chartered under the laws of the District of Columbia, or the …

Section 2B. No person shall operate or maintain a school for training medical laboratory technologists unless such school has been approved in writing by the approving authority established by section two, provided, however, that for the purposes of this section only, the members…

Section 2C. No person shall operate or maintain a school for training medical X–ray technicians unless such school has been approved by the approving authority established by section two; provided, however, that for the purposes of this section only, the membership of said author…

Section 2D. No physician shall enter into a contract or agreement which creates or establishes a partnership, employment or any other form of professional relationship that prohibits a physician from providing testimony in an administrative or judicial hearing, including cases of…

Section 2E. A person shall not provide ultrasound services pertaining to a possible or actual pregnancy except under the supervision of a provider or other licensed health care professional who, acting within their scope of practice, provides medical care for people who are pregn…

Section 3. Examinations shall be in whole or in part in writing, in English, shall be of a scientific and practical character, shall include the subjects of anatomy, surgery, chemistry, biology, physics, physiology, pathology, obstetrics, gynecology, psychiatry, practice of medic…

Section 30. No person shall dispense any controlled substance or any substance intended for hypodermic use except a person registered as a pharmacist or assistant pharmacist under section twenty-four or corresponding provisions of earlier laws who is acting in the course of his e…

Section 32. The board shall investigate all complaints of the violation of any provision of sections twenty-four to forty-two, inclusive, or of section sixty-five, so far as it relates to pharmacy, and report the same to the proper prosecuting officers, and especially investigate…

Section 33. A registered pharmacist against whom a complaint or charge is pending before the board, or his counsel, shall have the same right of access to documents in the possession of said board as a person charged with crime in the courts of the commonwealth would have to docu…

Section 34. The court or magistrate before whom a person is convicted of a violation of section thirty of this chapter, or of any provision of sections twenty-nine to thirty F, inclusive, of chapter one hundred and thirty-eight relating to the retention, filing or inspection of p…

Section 36. The surviving spouse, executor or administrator of a registered pharmacist who has died or the spouse of one who has become incapacitated may continue his business under a registered pharmacist, who may also be considered qualified to receive a certificate of fitness …

Section 36A. Except as otherwise provided in section thirty-five, no person shall engage in the sale, distribution or delivery, at wholesale, of drugs or medicines within the commonwealth without a license so to do.

Section 36B. The board shall upon application and the payment of an annual license fee to be determined annually by the commissioner of administration under the provision of section three B of chapter seven issue licenses required by section thirty-six A; provided, that no such l…

Section 36C. No person shall use the words ''wholesale druggist'' or any other words of similar import, holding himself or itself out to be engaged in the sale, distribution or delivery of drugs or medicines, at wholesale, without first having been licensed as provided in section…

Section 36D. Whoever, not being licensed as provided in sections thirty-six A and thirty-six B, engages in the sale, distribution or delivery, at wholesale, of drugs or medicines, or uses the words ''wholesale druggist'' or any other words of similar import in connection with his…

Section 36E. (a) As used in this section and in sections 24 to 42D, inclusive, the following words shall have the following meanings unless the context clearly requires otherwise: ''Operate as an outsourcing facility'', compound and distribute a sterile drug preparation within or…

Section 37. ''Drug business'', as used in the two following sections, shall mean the sale, or the keeping or exposing for sale of drugs, medicines, chemicals or poisons, except as otherwise provided in section thirty-five, also the sale or the keeping or exposing for sale of opiu…

Section 38. No store or retail food store pharmacy department or retail store pharmacy department shall be kept open for the transaction of the retail drug business, or be advertised or represented as transacting such business, by means of any sign or advertisement containing the…

Section 39. The board may, upon application made in such manner and form as it shall determine, register a store or retail food store pharmacy department or retail store pharmacy department for the transaction of the retail drug business, and issue to such person as it deems qual…

Section 39A. The board may, upon application of the plan administrator or trustee of any trust, fund, pension plan, combination plan or profit sharing plan, which is subject to the provisions of chapter one hundred and fifty-one D, register a facility, hereinafter called a restri…

Section 39B. The board may, upon application, made in such manner and form as it shall determine, register an establishment for transacting business as a nuclear pharmacy as defined in section one of chapter ninety-four C. A nuclear pharmacy shall not perform any pharmacy functio…

Section 39C. The board may, upon application, made in such manner and form as it shall determine, register an establishment for transacting business as a long-term care pharmacy or home infusion pharmacy, and issue to such entity as it deems qualified to conduct long-term care ph…

Section 39D. (a) As used in this section and in sections 36E to 42D, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Accountability documentation'', physical documentation validating the lot numbers and expirati…

Section 39F. (a) A pharmacy shall not engage in sterile compounding nor shall a pharmacy prescribe, ship, mail, sell, transfer or dispense sterile drug preparations in the commonwealth unless the pharmacy has obtained a license from the board pursuant to section 39G, 39I or 39J. …

Section 39G. (a)(1) The board shall establish a category of pharmacy licensure for retail pharmacies engaged in sterile compounding. A retail sterile compounding pharmacy license issued by the board shall be obtained in addition to and not in place of any other permit or license …

Section 39H. (a)(1) The board shall establish a category of pharmacy licensure for retail pharmacies engaged in complex non-sterile compounding. A retail complex non-sterile compounding pharmacy license issued by the board shall be obtained in addition to and not in place of any …

Section 39I. (a)(1) The board shall establish a category of pharmacy licensure for institutional pharmacies engaged in sterile compounding. An institutional sterile compounding pharmacy license issued by the board shall be obtained in addition to and not in place of any other per…

Section 39J. (a) The board shall establish a procedure to license non-resident pharmacies, which prescribe, ship, mail, sell or dispense medications in the commonwealth, that pertains to the practice of pharmacy. The board shall also take steps to ensure that all shipments of pha…

Section 4. The board shall keep a record of the names of all persons registered by it and of all money received and disbursed by it, and a duplicate thereof shall be open to inspection in the office of the state secretary. The board shall make an annual report, including a statem…

Section 40. The board may suspend or revoke any registration made under section thirty-nine, thirty-nine A or thirty-nine B and any permit issued thereunder for any violation of the law pertaining to the drug business or the sale of alcoholic beverages, as defined in section one …

Section 41A. Sections thirty-six A to forty-one, inclusive, of this chapter, and sections twenty-nine to thirty G, inclusive, of chapter one hundred and thirty-eight shall not apply to the manufacture or sale of patent and proprietary medicines or any substance or drug not includ…

Section 42A. The board may make such rules and regulations as it deems necessary to enable it to properly enforce the provisions of law relating to the retail drug business, pharmacies and outsourcing facilities, and regarding any other matter within its jurisdiction; provided, t…

Section 42B. (a) For the purpose of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Enforcement action records'', any documents issued by the department of public health to a pharmacy or pharmacist relating t…

Section 42C. (a) There shall be an advisory committee to the board. The committee shall consist of the commissioner of public health or a designee and 7 members who shall be appointed by the commissioner: 1 of whom shall be an expert in chapter 71 of the USP; 1 of whom shall be a…

Section 42D. (a) The board may assess a licensed pharmacy a penalty of not more than $25,000 for each violation of regulations or administrative rules established pursuant to any general law that governs the practice of pharmacy. The board, through regulation, shall ensure that a…

Section 43. The board of registration of dentistry, herein and in sections forty-three A to fifty-three, inclusive, called the board, shall examine applicants for registration in dentistry, and shall investigate all complaints of violations of sections forty-four, forty-nine, fif…

Section 43A. The following words shall have the following meanings wherever used in this chapter or in any rules and regulations promulgated by the board in accordance with the provisions of chapter thirty A:— ''Aid or assist the dentist'', working simultaneously in conjoined man…

Section 44. Every registered dentist when he begins practice, either by himself or associated with or in the employ of another, shall forthwith notify the board of his office address or addresses, and every registered dentist practicing as aforesaid shall biennially, before April…

Section 45. Applications for registration hereunder shall be in writing upon blanks furnished by the board, which shall be signed and sworn to by the applicant, presenting proof of the requirements herein specified. Any such applicant eighteen years of age or over and of good mor…

Section 45A. An applicant for limited registration under this section who is eighteen years of age or over and of good moral character who shall furnish the board with satisfactory proof that he has received a diploma from the faculty of a reputable dental college as defined in s…

Section 45B. An applicant for temporary registration under this section who is 18 years of age or over and of good moral character who shall furnish the board with satisfactory proof that he has received a diploma from the faculty of a reputable dental college as defined in secti…

Section 45C. (a) The board may grant to or renew a certificate of registration of a dentist qualified for registration or renewal of the same under this chapter without payment of a fee; provided, that the dentist has agreed to restrict his practice to that of a volunteer practit…

Section 46. A dental college shall be considered reputable which possesses the following qualifications: First, It shall be incorporated and authorized by its charter to confer degrees of doctor of dental medicine, doctor of dental surgery or doctor of dental science. Second, It …

Section 46A. If any applicant for registration, either by examination or under the provisions of section forty-eight, is registered and issued a certificate of registration by the board, and does not practice dentistry in the commonwealth within five years from the date of the ce…

Section 47. The examination may be written or oral or both, at the option of the board, and may include the principal subjects taught in reputable dental colleges. Demonstrations in operative and prosthetic dentistry, diagnosis and prognosis may be required.

Section 48. The board may, without examination upon payment of a fee determined annually by the commissioner of administration under the provision of section three B of chapter seven, register, and issue a certificate to, a dentist who has been lawfully in practice for at least f…