Chapter 94C

Section 13. (a) The board of registration in pharmacy in the case of a retail drug business, wholesale druggist or outsourcing facility and the commissioner in all other cases may suspend or revoke a registration to manufacture, distribute, dispense or possess a controlled substa…

Section 14. The board of registration in pharmacy in the case of a retail drug business, wholesale druggist or outsourcing facility or the commissioner in all other cases may without hearing suspend or refuse to renew any registration if he finds that there is an imminent danger …

Section 15. Persons registered to manufacture, distribute, dispense, or possess controlled substances shall keep records and maintain inventories in conformance with the record-keeping and inventory requirements of the Federal ''Comprehensive Drug Prevention and Control Act of 19…

Section 16. Controlled substances in Schedules I and II shall be distributed by a registrant to another registrant only pursuant to such order form as may be required by the Federal ''Comprehensive Drug Abuse Prevention and Control Act of 1970'' or any amendment thereof and the F…

Section 17. (a) No controlled substance in Schedule II may be dispensed without an electronic prescription from a practitioner, except that— (b) In emergency situations, as defined by the commissioner, a schedule II, III, IV, V or VI substance may be dispensed upon written prescr…

Section 18. (a) A prescription for a controlled substance may be issued only by a practitioner who is: (1) authorized to prescribe controlled substances; and (2) registered pursuant to the provisions of this chapter. (b) An oral prescription issued by a practitioner may be commun…

Section 18A. (a) Prior to issuing an extended-release long-acting opioid in a non-abuse deterrent form for outpatient use for the first time, a practitioner registered under section 7 shall: (i) evaluate the patient's current condition, risk factors, history of substance abuse, i…

Section 18B. (a) The department shall establish a voluntary non-opiate directive form. The form shall indicate to all practitioners that an individual shall not be administered or offered a prescription or medication order for an opiate. The form shall be posted on the department…

Section 18C. Prior to issuing a prescription for an opioid contained in Schedule II of section 3, a practitioner registered under section 7 shall: (i) consult with a the patient regarding the quantity of the opioid and a patient's option to fill the prescription in a lesser quant…

Section 18D. (a) For the purpose of this section, the term ''opioid antagonist'' shall mean, unless the context clearly requires otherwise, any drug approved by the United States Food and Drug Administration for the treatment of persons experiencing an opioid overdose. (b) A phar…

Section 19. (a) A prescription for a controlled substance to be valid shall be issued for a legitimate medical purpose by a practitioner acting in the usual course of his professional practice. The responsibility for the proper prescribing and dispensing of controlled substances …

Section 19A. (a) As used in this section, unless the context clearly requires otherwise, ''emergency contraception'' shall mean any drug approved by the federal Food and Drug Administration as a contraceptive method for use after sexual intercourse, whether provided over-the-coun…

Section 19B. (a) As used in this section and unless the context clearly requires otherwise, ''opioid antagonist'' shall mean naloxone or any other drug approved by the federal Food and Drug Administration as a competitive narcotic antagonist used in the reversal of overdoses caus…

Section 19C. The board of registration in pharmacy shall promulgate regulations requiring pharmacies located in areas with high incidence of opiate overdose, as determined by the board in consultation with the department, to maintain a continuous supply of opioid antagonists, as …

Section 19D. (a) When issuing a prescription for an opiate to an adult patient for outpatient use for the first time, a practitioner shall not issue a prescription for more than a 7–day supply. A practitioner shall not issue an opiate prescription to a minor for more than a 7–day…

Section 19E. (a) As used in this section and unless the context clearly requires otherwise, ''COVID-19 control measure'' shall mean a COVID-19 drug, COVID-19 test or other COVID-19 diagnostic device approved or otherwise authorized by the federal Food and Drug Administration. (b)…

Section 19F. (a) Notwithstanding any general or special law to the contrary, a registered pharmacist may prescribe and dispense hormonal contraceptive patches and self-administered oral hormonal contraceptives to any person, regardless of whether the person has evidence of a prev…

Section 2. (a) For the purpose of administration and regulation of the manufacture, distribution, dispensing, and possession of controlled substances by persons authorized under this chapter, the commissioner shall establish by regulations pursuant to the provisions of chapter th…

Section 20. (a) Upon receiving an oral prescription for a controlled substance or instrument described in section twenty-seven from an authorized practitioner, the pharmacist shall immediately reduce the prescription to writing on a prescription form and shall record the name, ad…

Section 20A. Notwithstanding any other provisions of this chapter, a prescription for a radiopharmaceutical drug shall be dispensed only to an individual authorized by the nuclear regulatory commission to possess and administer such drug. Upon receiving an oral prescription for a…

Section 21. The pharmacist filling a written, electronic or oral prescription for a controlled substance shall package the controlled substance in a container, affixing to the container a label showing the date of filling, the pharmacy name and address, the filling pharmacist's i…

Section 21A. A pharmacist shall conduct a prospective drug review before each new prescription is dispensed or delivered to a patient or a person acting on behalf of such patient. Such review may include, but not be limited to, screening for potential drug therapy problems due to…

Section 21B. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise: ''Lock box'', a box with a locking mechanism that cannot be tampered with or opened without extreme force. ''Pharmacy'', a facil…

Section 21C. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise: ''Cost-sharing'', an amount owed by an individual under the terms of the individual's health benefit plan. ''Health benefit plan…

Section 22. (a) A practitioner who dispenses a controlled substance by issuing a written or electronic prescription shall state on the prescription the name, address and registration number of the practitioner, the date of delivery of the prescription, the name, dosage and streng…

Section 23. (a) A written or electronic prescription for a controlled substance in Schedule II shall become invalid 30 days after the date of issuance. (b) A written or electronic prescription for a controlled substance in schedule II shall not be refilled. Written prescriptions …

Section 24. (a) If the commissioner determines that a research subject or patient is receiving a controlled substance from more than one source and in quantities which he determines to be harmful to the health of such research subject or patient, said commissioner shall so notify…

Section 24A. (a)(1) The department shall establish and maintain an electronic system to monitor the prescribing and dispensing of all schedule II to V, inclusive, controlled substances and certain additional drugs by all professionals licensed to prescribe or dispense such substa…

Section 24B. The department shall annually determine, through the prescription drug monitoring system established in section 24A, the mean and median quantity and volume of prescriptions for opiates contained in Schedules II and III of section 3 issued by practitioners registered…

Section 25. No person— (1) who is subject to the requirements of sections six and seven and twelve to seventeen, inclusive, shall dispense a controlled substance in violation of said section seventeen; (2) shall distribute or dispense a controlled substance not authorized by his …

Section 26. No person who is a registrant shall knowingly or intentionally; (1) distribute a controlled substance classified in Schedule I or II in the course of his legitimate business, except pursuant to an order or an order form as required by section sixteen; or (2) furnish f…

Section 27. Hypodermic syringes or hypodermic needles for the administration of controlled substances by injection may be sold in the commonwealth only by a pharmacist or wholesale druggist licensed under the provisions of chapter 112, a manufacturer of or dealer in surgical supp…

Section 27A. (a) Notwithstanding any general or special law to the contrary, the department of environmental protection and the department of public health, in conjunction with other relevant state and local agencies and government departments, shall design, establish and impleme…

Section 28. Upon petition of the board of registration in pharmacy or the commissioner in the case of a pharmacy, or upon petition of the commissioner in any case, the superior court shall have jurisdiction to restrain or enjoin a violation of this chapter.

Section 29. (a) The commissioner in cooperation with the commissioner of mental health and the commissioner of education shall carry out educational programs designed to prevent and deter misuse and abuse of controlled substances. In connection with these programs he shall: (1) p…

Section 2A. (a) Notwithstanding section 2, the commissioner may, by order, place a substance in schedule I on a temporary basis if the commissioner finds: (i) it is necessary to avoid an imminent hazard to the public safety; (ii) it is necessary for the preservation of the public…

Section 3. Except in the case of an immediate precursor, a drug or other substance may not be placed in any schedule unless such drug or substance has been scheduled pursuant to the provisions of the Federal Comprehensive Drug Abuse, Prevention and Control Act of 1970, or any ame…

Section 30. (a) Administrative inspection warrants shall issue for the inspection of controlled premises in accordance with the provisions of this section. As used in this section ''administrative inspection warrants'' are warrants for the purpose of inspecting, copying and verif…

Section 31. For the purposes of establishing criminal penalties for violation of a provision of this chapter, there are established the following five classes of controlled substances: CLASS A (a) Unless specifically excepted or unless listed in another schedule, any of the follo…

Section 32. (a) Any person who knowingly or intentionally manufactures, distributes, dispenses, or possesses with intent to manufacture, distribute or dispense a controlled substance in Class A of section thirty-one shall be punished by imprisonment in the state prison for not mo…

Section 32A. (a) Any person who knowingly or intentionally manufactures, distributes, dispenses or possesses with intent to manufacture, distribute or dispense a controlled substance in Class B of section 31 shall be punished by imprisonment in the state prison for not more than …

Section 32B. (a) Any person who knowingly or intentionally manufactures, distributes, dispenses or possesses with intent to manufacture, distribute, or dispense a controlled substance in Class C of section 31 shall be imprisoned in state prison for not more than 5 years or in a j…

Section 32C. (a) Any person who knowingly or intentionally manufactures, distributes, dispenses or cultivates, or possesses with intent to manufacture, distribute, dispense or cultivate a controlled substance in Class D of section thirty-one shall be imprisoned in a jail or house…

Section 32D. (a) Any person who knowingly or intentionally manufactures, distributes, dispenses or possesses with intent to manufacture, distribute, or dispense a controlled substance in Class E of section thirty-one shall be imprisoned in a jail or house of correction for not mo…