Massachusetts · statute · Mass. Gen. Laws ch. 94C · 83 active provisions
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 of a patient or research subject by-- (a)…
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 thirty A five schedules incorporating the…
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 health, safety or general welfare; (iii…
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 amendment thereof, or unless the findings r…
Section 4. The commissioner acting jointly with the board of registration in pharmacy may by regulation pursuant to the provisions of chapter thirty A except any compound, mixture or preparation containing any substances in paragraph (a) or (b) of Schedule III or in Schedule IV, V or VI established pursuant to the prov…
Section 5. Controlled substances which are excepted pursuant to section four may be dispensed, or sold at retail, except that the exception authorized by this section shall be subject to the following conditions: (1) that such preparation shall be dispensed, or sold in good faith as a medicine, and not for the purpose…
Section 6. 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 promulgate rules and regulations relative to registration and control of the manufacture, distribution, dispensing and possession of controlled s…
Section 6A. A corporate entity, other than a hospital or clinic licensed under section 51 of chapter 111 or an opioid treatment program licensed under chapter 111E, doing business in the commonwealth, which has more than 300 patients receiving treatment for opioid dependency in the form of opioid agonist therapy provid…
Section 7. (a) Except in the case of a pharmacy, wholesale druggist or outsourcing facility, every person who manufactures, distributes or dispenses, or possesses with intent to manufacture, distribute or dispense any controlled substance within the commonwealth shall upon payment of a fee, the amount of which shall be…
Section 7A. Upon obtaining or renewing a registration under section 7, a practitioner who prescribes controlled substances shall automatically and without further action be registered as a participant in the prescription monitoring program established in section 24A. The department shall provide each participant with a…
Section 8. (a) No person shall carry out any research project or study involving any narcotic drug in Schedule II or the investigational use on human beings of any new drug as defined in section two hundred and one (p) of the Federal Food, Drug and Cosmetic Act, as amended, unless he supplies the commissioner with sati…
Section 9. (a) A physician, dentist, podiatrist, nurse practitioner, nurse anesthetist, psychiatric nurse mental health clinical specialist, optometrist as limited by sections 66, 66B and 66C of chapter 112 and subsection (h) of section 7, physician assistant as limited by said subsection (g) of said section 7 and sect…
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 established pursuant to section two unl…
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 substance, after a hearing pursuant to the pro…
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 to the public health or safety which war…
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 1970'' or any amendment thereof, and the F…
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 Federal Food, Drug, and Cosmetic Act.
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 prescription or oral prescription in accordanc…
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 communicated to a pharmacist by an expressly a…
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, if any, and current medications; and (ii)…
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's searchable website. An individual may…
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 quantity; and (ii) inform the patient of the…
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 pharmacist dispensing an opioid contained in…