Massachusetts Statutes

Section 5. Each person, before engaging in business as a milk dealer, shall make application to the commissioner for a license hereunder, which the commissioner is hereby authorized to grant. Such application shall state the nature of the business to be conducted, the name and pr…

Section 6. The commissioner may decline to grant or renew a license, or may suspend or revoke a license already granted, or may grant a conditional or temporary license, upon due notice and hearing to the applicant or licensee; except that the commissioner may without hearing to …

Section 7. (a) Before declining to grant a license of any type, or suspending or revoking a license, the commissioner shall hold a hearing and grant the applicant or licensee an opportunity to be heard in person or by attorney. A duly attested copy of the order of the commissione…

Section 8. An applicant or licensee aggrieved by any decision of the commissioner may appeal therefrom by filing a petition in the superior court within twenty days after notice of such decision has been given under section nineteen. Upon such appeal, said court may revise or rev…

Section 9. Each milk dealer required to be licensed under this chapter shall pay an annual license fee, as determined annually by the commissioner of administration under the provision of section three B of chapter seven, which shall accompany his application for license; provide…

Section 1. The following words as used in this chapter, unless the context otherwise requires shall have the following meanings:— ''Banned hazardous substance'', any toy, or other article intended for use by children, which is a hazardous substance, or which bears or contains a h…

Section 10. Sections one to nine, inclusive, may be cited and referred to as the hazardous substances labeling law.

Section 2. (a) Whenever in the judgment of the commissioner such action will promote the objectives of this chapter by avoiding or resolving uncertainty as to its application, the commissioner may by reasonable rules and regulations declare to be a hazardous substance, for the pu…

Section 3. (a) No person shall sell, expose for sale, deliver, give away, have in his possession, introduce or deliver for introduction into commerce any misbranded hazardous substance or banned hazardous substance. (b) No person shall alter, mutilate, destroy, obliterate or remo…

Section 4. Any person who violates any of the provisions of section three shall be punished for a first offense by a fine of not less than one hundred dollars nor more than five hundred dollars or by imprisonment for not more than ninety days, or both; and for a second and subseq…

Section 5. (a) Whenever the director or his duly authorized inspector finds or has probable cause to believe that any hazardous substance is misbranded, or is a banned hazardous substance within the meaning of this chapter, he shall affix or cause to be affixed to such article a …

Section 6. (a) For the purpose of administering the provisions of this chapter, the director and inspectors shall have access and entry at reasonable times to any premises pursuant to a search warrant duly issued by a court of competent jurisdiction, provided that no sample of an…

Section 7. For the purpose of enforcing the provisions of this chapter, carriers engaged in commerce, and persons storing or receiving hazardous substances in commerce or holding such hazardous substances so received shall, upon the request of an officer or employee duly designat…

Section 8. In the case of any article or substance sold by its manufacturer, distributor, or dealer which is a banned hazardous substance, whether or not it was such at the time of its sale, such article or substance shall, in accordance with regulations of the commissioner, be r…

Section 9. (a) The commissioner may cause to be published from time to time reports summarizing any judgments, decrees or court orders which have been rendered under this chapter including the nature of the charge and the disposition thereof. (b) The commissioner may also cause t…

Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings: "Administer'', the direct application of a controlled substance whether by injection, inhalation, ingestion, or any other means to the body o…

Section 10. A separate registration shall be required at each principal place of business or professional practice where the registrant manufactures, distributes, or dispenses controlled substances.

Section 11. The board of registration in pharmacy in the case of a pharmacy and the commissioner in any case may inspect in accordance with his or its rules and regulations the establishment of a registrant or applicant for registration pursuant to the provisions of this chapter.

Section 12. (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 shall register an applicant to manufacture or distribute controlled substances included in the schedules…

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…