Mass. Gen. Laws ch. 118E, sec. 83 — MA Code / Part I / Title XVII / Chapter 118E / Section 83
Dispensing of OTC oral contraceptive to MassHealth member or HSN patient by licensed pharmacist
Status: in_force

Section 83. (a) As used in this section and section 84, the following words shall have the following meaning unless the context clearly requires otherwise: ''HSN'', the payment program established and administered in accordance with section 8A and sections 64 to 69, inclusive. ''HSN patient'', an individual served by an HSN provider whose services are paid for through the HSN. ''OTC oral contraceptive'', a nonprescription oral contraceptive approved or otherwise authorized by the United States Food and Drug Administration. (b) Notwithstanding any general or special law to the contrary, a practitioner who is registered to prescribe or dispense controlled substances in the course of the practitioner's professional practice under section 7 of chapter 94C and is designated by the assistant secretary for the division may issue a standing order that may be used for a licensed pharmacist to dispense an OTC oral contraceptive to a MassHealth member or HSN patient. (c) Notwithstanding any general or special law to the contrary, a licensed pharmacist may dispense an OTC oral contraceptive in accordance with the standing order issued under subsection (b) to a MassHealth member or HSN patient. Except for gross negligence or willful misconduct, a pharmacist who, in good faith, dispenses an OTC oral contraceptive consistent with the standing order shall not be subject to any criminal or civil liability or professional disciplinary action by the board of registration in pharmacy related to the dispensing of said OTC oral contraceptive. (d) A pharmacist who dispenses an OTC oral contraceptive pursuant to this section to a MassHealth member or HSN patient shall submit a claim to MassHealth or the HSN, as applicable. (e) Except for gross negligence or willful misconduct, the assistant secretary for the division or a physician who issues the standing order under subsection (b) and any practitioner who, acting in good faith, directly or through the standing order, prescribes or dispenses an OTC oral contraceptive to a MassHealth member or HSN patient shall not be subject to any criminal or civil liability or professional disciplinary action. (f) The division may adopt regulations or issue written guidance to implement this section.

Section 83. (a) As used in this section and section 84, the following words shall have the following meaning unless the context clearly requires otherwise:

''HSN'', the payment program established and administered in accordance with section 8A and sections 64 to 69, inclusive.

''HSN patient'', an individual served by an HSN provider whose services are paid for through the HSN.

''OTC oral contraceptive'', a nonprescription oral contraceptive approved or otherwise authorized by the United States Food and Drug Administration.

(b) Notwithstanding any general or special law to the contrary, a practitioner who is registered to prescribe or dispense controlled substances in the course of the practitioner's professional practice under section 7 of chapter 94C and is designated by the assistant secretary for the division may issue a standing order that may be used for a licensed pharmacist to dispense an OTC oral contraceptive to a MassHealth member or HSN patient.

(c) Notwithstanding any general or special law to the contrary, a licensed pharmacist may dispense an OTC oral contraceptive in accordance with the standing order issued under subsection (b) to a MassHealth member or HSN patient. Except for gross negligence or willful misconduct, a pharmacist who, in good faith, dispenses an OTC oral contraceptive consistent with the standing order shall not be subject to any criminal or civil liability or professional disciplinary action by the board of registration in pharmacy related to the dispensing of said OTC oral contraceptive.

(d) A pharmacist who dispenses an OTC oral contraceptive pursuant to this section to a MassHealth member or HSN patient shall submit a claim to MassHealth or the HSN, as applicable.

(e) Except for gross negligence or willful misconduct, the assistant secretary for the division or a physician who issues the standing order under subsection (b) and any practitioner who, acting in good faith, directly or through the standing order, prescribes or dispenses an OTC oral contraceptive to a MassHealth member or HSN patient shall not be subject to any criminal or civil liability or professional disciplinary action.

(f) The division may adopt regulations or issue written guidance to implement this section.