reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94a - Milk Control › Section 25 - Public Interest; Intention and Purpose of Statute

Section 25. It is hereby declared that the production and distribution of milk is an industry affected with a paramount public interest relating to the public health. The intention and purpose of this chapter is hereby declared to extend to the regulation of said industry and to the control of all milk sold or offered for sale in the commonwealth, to the full extent permitted by the constitutions of the commonwealth and of the United States, respectively.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94a - Milk Control › Section 26 - Partial Invalidity

Section 26. If any provision of this chapter, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this chapter, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94b - Hazardous Substances › Section 2 - Commissioner; General Powers

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 purpose of this chapter, any substance or mixture of substances which he finds meets the requirements of the same term as defined in section one.
(b) If the commissioner finds that the requirements of section one, as to labeling of a ''misbranded hazardous substance'' are not adequate for the protection of the public health and safety in view of the special hazard presented by any particular hazardous substance, he may by regulation establish such reasonable variations of additional label requirements as he finds necessary for the protection of the public health and safety; and any hazardous substance intended, or packaged in a form suitable, for use in the household or by children, which fails to bear a label in accordance with these regulations shall be deemed to be a misbranded hazardous substance.
(c) If the commissioner finds that, because of the size of the package involved or because of the minor hazard presented by the substance contained therein, or for other good and sufficient reasons, full compliance with the labeling requirements otherwise applicable under this chapter is impracticable or is not necessary for the adequate protection of the public health and safety, he shall promulgate regulations exempting the substance from these requirements, to an extent he determines consistent with adequate protection of the public health and safety.
(d) If the commissioner finds that an article subject to this chapter cannot be labeled adequately to protect the public health and safety, or the article presents an imminent danger to the public health and safety, he may declare the article to be a banned hazardous substance and require its removal from commerce.
The commissioner shall cause the regulations promulgated under this chapter to conform, insofar as practicable, with the regulations established pursuant to the Federal Hazardous Substances Act.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94b - Hazardous Substances › Section 3 - Prohibited Acts

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 remove the whole or any part of the label of, or do any other act with respect to, any hazardous substance if such act is done while the substance is in commerce or held for sale, whether or not the first sale, and such act results in the hazardous substance being a misbranded hazardous substance or a banned hazardous substance.
(c) No person shall receive in commerce any misbranded hazardous substance or banned hazardous substance and deliver or proffer delivery thereof for pay or otherwise.
(d) No person shall give a guarantee or undertaking referred to in section four which guarantee or undertaking is false, except in reliance upon a guarantee or undertaking to the same effect signed by, and containing the name and address of, the person residing in the United States from whom he received in good faith the hazardous substance.
(e) No person shall sell, expose for sale, deliver, give away, have in his possession, introduce or deliver for introduction into commerce, or receive in commerce and subsequently deliver or proffer delivery for pay or otherwise, any hazardous substance in a reused food, drug or cosmetic container or in a container which though not a reused container, is identifiable as a food, drug, or cosmetic container by its labeling or by other identification. The reuse of a food, drug or cosmetic container as a container for a hazardous substance shall be deemed to be an act which results in the hazardous substance being a misbranded hazardous substance. As used in this paragraph, the terms ''food'', ''drug'', and ''cosmetic'' shall have the same meaning as in section one of chapter ninety-four.
(f) No person shall manufacture any hazardous substance that is misbranded with the intent that the same be distributed or sold in violation of this chapter.
(g) No person shall use to his own advantage, or reveal other than to the commissioner or officers or employees of the department or to the courts when relevant in any judicial proceeding under this chapter or to a physician treating a patient for potential poisoning any information acquired under authority of sections six and seven concerning any method or process which as a trade secret is entitled to protection.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94b - Hazardous Substances › Section 4 - Penalties for Violation of Sec. 3; Exceptions

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 subsequent offenses, shall be punished by imprisonment for not more than one year, or a fine of not less than six hundred dollars not more than three thousand dollars, or both; provided, however, that no person shall be subject to such penalties for having violated the provisions of paragraph (c) of section three if the receipt, delivery, or proffered delivery of the hazardous substance, was made in good faith, unless he refused to furnish on request of an officer or employer duly designated by the commissioner the name and address of the person from whom he purchased or received such hazardous substance, and copies of all documents, if any there be, pertaining to the delivery of the hazardous substances to him; or for having violated paragraph (d) of section three if he establishes a guarantee or undertaking signed by, and containing the name and address of, the person residing in the United States from whom he received in good faith the hazardous substance, to the effect that the hazardous substance is not a misbranded hazardous substance or a banned hazardous substance within the meaning of those terms in this chapter, or for having violated paragraph (a) of section three in respect to any hazardous substance shipped or delivered for shipment for export to any foreign country, in a package marked for export on the outside of the shipping container and labeled in accordance with the specifications of the purchaser and in accordance with the laws of the United States or of the foreign country.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94b - Hazardous Substances › Section 6 - Inspection; Access to Premises; Penalties

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 alleged hazardous substance obtained in the course of such inspection and no result of any analysis or test of any such sample shall be received in evidence in any criminal proceeding under this chapter unless the sample shall have been taken and the analysis or test conducted in accordance with the procedure provided in sections one hundred and eighty-eight and one hundred and eighty-nine of chapter ninety-four.
(b) Any person who obstructs the director or an inspector from entering premises under a valid search warrant where a hazardous substance is kept as provided in section six, or any person who does not comply with the provisions of section seven, shall be punished by a fine of not less than five hundred nor more than two thousand dollars or by imprisonment for not more than six months, or both.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94b - Hazardous Substances › Section 7 - Examination of Records

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 designated by the commissioner acting under authority of a search warrant duly issued by a court of competent jurisdiction, permit such officer or employee at reasonable times, to have access to and to copy all records showing the movement in commerce of any such hazardous substances, or the holding thereof during or after such movement, and the quantity, shipper, and consignee thereof.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94b - Hazardous Substances › Section 8 - Repurchase of Banned Hazardous Substances

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 repurchased as follows:
(a) The manufacturer of any such article or substance shall repurchase it from the person to whom he sold it, and shall refund to that person the purchase price paid for such article or substance. If that person repurchased such article or substance pursuant to the provisions in this section, the manufacturer shall reimburse him for any amounts paid in connection with its repurchase, and reimburse such person for any reasonable and necessary expenses incurred in returning it to the manufacturer.
(b) The distributor of any such article or substance shall repurchase it from the person to whom he sold it, and shall refund to that person the purchase price paid for such article or substance. If that person has repurchased such article or substance pursuant to the provisions of this section, the distributor shall reimburse him for any amounts paid for the return of such article or substance in connection with its repurchase and reimburse that person for any reasonable and necessary expenses incurred in returning it to the distributor.
(c) In the case of any such article or substance sold at retail by a dealer, if the person who purchased it from the dealer returns it to him, the dealer shall refund the purchase price paid for it and reimburse him for any reasonable and necessary transportation charges incurred in its return.
For the purpose of this section, (1) the term ''manufacturer'' includes an importer for resale, and (2) a dealer who sells at wholesale an article or substance shall with respect to that sale be considered the distributor of that article or substance.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94b - Hazardous Substances › Section 9 - Publication of Reports and Dissemination of Information Pertaining to Hazardous Substances

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 to be disseminated information regarding hazardous substances in situations involving, in the opinion of the commission, possible danger to health. Nothing in this section shall be construed to prohibit the commissioner from collecting, reporting and illustrating the results of his investigations.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 2a - Temporary Placement of Substance in Schedule I

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) the substance is not listed in any other schedule identified in section 3; (iv) no exception is in effect for the substance pursuant to section 4; and (v) the substance is not excluded under subsection (c) of section 2.
(b) Prior to finding that a substance is an imminent hazard to the public safety under clause (i) of subsection (a), the commissioner shall consider the substance's actual or relative potential for abuse and its history and current patterns of abuse.
(c) An order issued under subsection (a) shall be an emergency regulation and subject to section 3 of chapter 30A; provided, however, that: (i) no further approval by designated persons or bodies, as referenced in said section 3 of said chapter 30A, shall be required before the emergency regulation becomes effective; and (ii) the emergency regulation may remain in effect for up to 1 year.
(d) An order issued under subsection (a) shall take effect upon the completion of a 14–day notice period. For the purposes of this section, the notice period shall begin when the order is published on the department of public health's website, or by any other means the commissioner may deem necessary. The commissioner shall forward a copy of the order to all acute inpatient hospitals in the commonwealth, in a form and manner to be determined by the commissioner, to disseminate information regarding the dangers of the substance.
(e) Upon issuing an order under subsection (a), the commissioner shall forward a copy of the order to the chairs of the joint committee on public health.
(f) Upon issuing an order under subsection (a), the commissioner shall forward a copy of the order to the attorney general of the United States to request that the attorney general temporarily place the substance in schedule I under the Controlled Substances Act, 21 U.S.C. section 811(h).
(g) Upon issuing an order under subsection (a), the commissioner shall forward a copy of the order to all local and regional boards of health, with guidance that possession or distribution of the substance by any food, retail or other commercial establishment shall constitute an imminent health hazard. While the order is in effect, a board of health or an authorized agent, the local inspection department or the equivalent, or a municipal government or its agent may, pursuant to section 30 of chapter 111 and any regulation promulgated pursuant thereto, take any enforcement action consistent with a finding of an imminent health hazard, up to and including summary suspension of a municipal license or permit held by the establishment including, but not limited to, a permit to operate.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 3 - Findings Required for Placement in Schedules

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 required for such schedule are made with respect to such drug or other substance. The findings required for each of the schedules are as follows:
(1) SCHEDULE I.—
(A) The drug or other substance has a high potential for abuse.
(B) The drug or other substance has no currently accepted medical use in treatment in the United States.
(C) There is a lack of accepted safety for use of the drug or other substance under medical supervision.
(2) SCHEDULE II.—
(A) The drug or other substance has a high potential for abuse.
(B) The drug or other substance has a currently accepted medical use in treatment in the United States or a currently accepted medical use with severe restrictions.
(C) Abuse of the drug or other substances may lead to severe psychological or physical dependence.
(3) SCHEDULE III.—
(A) The drug or other substance has a potential for abuse less than the drugs or other substances in schedules I and II.
(B) The drug or other substance has a currently accepted medical use in treatment in the United States.
(C) Abuse of the drug or other substance may lead to moderate or low physical dependence or high psychological dependence.
(4) SCHEDULE IV.—
(A) The drug or other substance has a low potential for abuse relative to the drugs or other substances in schedule III.
(B) The drug or other substance has a currently accepted medical use in treatment in the United States.
(C) Abuse of the drug or other substance may lead to limited physical dependence or psychological dependence relative to the drugs or other substances in schedule III.
(5) SCHEDULE V.—
(A) The drug or other substance has a low potential for abuse relative to the drugs or other substances in schedule IV.
(B) The drug or other substance has a currently accepted medical use in treatment in the United States.
(C) Abuse of the drug or other substance may lead to limited physical dependence or psychological dependence relative to the drugs or other substances in schedule IV.
(6) SCHEDULE VI.—
(A) The substance is a prescription drug; and
(B) Said prescription drug has not been included in Schedules I through V.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 4 - Exceptions From Schedules

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 provisions of section two from the application of all or any part of this chapter if
(1) the compound, mixture, or preparation contains one or more active medicinal ingredients not having a depressant or stimulant effect on the central nervous system, and
(2) such ingredients are included therein in such combinations, quantity, proportion, or concentration as to vitiate the potential for abuse of the substances which do have a depressant or stimulant effect on the central nervous system, and
(3) the compound, mixture, or preparation has been similarly excepted under the provisions of the Federal ''Comprehensive Drug Abuse, Prevention and Control Act of 1970'', or any amendment thereof.
Such regulation shall state the weight of the controlled substance per fluid ounce, or if a solid or semi-solid preparation the weight in the avoirdupois amounts, and if the metric system is used, the weight in grams per hundred cubic centimeters in the case of a fluid, or the weight per gram in the case of a solid or semi-solid preparation.
The commissioner shall by regulation modify, rescind or revoke an exception whenever it has been modified, rescinded or revoked under the provisions of the Federal Comprehensive Drug Abuse, Prevention and Control Act of 1970 or any amendment thereof.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 5 - Dispensing Controlled Substances Excepted Under Sec. 4

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 of evading the provisions of the controlled substances law; (2) that the purchaser of such preparation identify himself to the satisfaction of the pharmacist; and (3) that of such preparation not more than four ounces are dispensed, or sold to a person during any 48 hour period.
The pharmacist dispensing such excepted substances shall keep an accurate record book including the name and address of the purchaser, the name of the preparation, the strength per dosage unit, the quantity dispensed and the date.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 6 - Rules and Regulations

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 substances within the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 6a - Licensure of Certain Corporate Entities With Patients Receiving Opioid Agonist Therapy; Best Practice Guidance for Practitioners

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 provided by physicians who are associated with the entity by contract, fee for service or other arrangement other than as members of the practice, shall be licensed by the department and shall comply with requirements established by the department to limit the diversion of opioid drugs and ensure patient safety.
The department shall issue best practice guidance related to routine toxicology screenings, maximum take home dosages and behavioral health referrals for practitioners who provide opioid agonist therapy in the commonwealth. Practitioners shall adhere to said best practices promulgated by the department.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 7a - Registration as Participant in Prescription Monitoring Program

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 unique user name and access code for the program. For the purposes of this section, a practitioner shall not include a veterinarian; provided, however, that a practitioner shall include a physician assistant, nurse anesthetist or a registered nurse authorized by the board of registration in nursing to practice in an advanced practice nursing role.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 11 - Inspection of Establishments of Registrants or Applicants

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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 12 - Issuance of Registration to Manufacture or Distribute Controlled Substances

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 unless he determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the board of registration in pharmacy in the case of a retail drug store, wholesale druggist or outsourcing facility and the commissioner in all other cases shall consider the following factors:
(1) maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, or industrial channels;
(2) compliance with applicable federal, state and local law;
(3) any conviction of the applicant under any federal and state law relating to any controlled substance;
(4) past experience in the manufacture or distribution of controlled substances, and the existence in the applicant's establishment of effective controls against diversion;
(5) furnishing by the applicant of false or fraudulent material in any application filed under the provisions of this chapter;
(6) suspension or revocation of the applicant's federal registration to manufacture, distribute or dispense controlled substances as authorized by federal law; and
(7) any other factors relevant to and consistent with the public health and safety.
(b) Registration under subsection (a) of this section shall not entitle a registrant to manufacture or distribute controlled substances in Schedules I or II established pursuant to the provisions of section two except to the extent specified in the registration.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 14 - Suspension of or Refusal to Renew Registration Pending Proceedings in Cases of Imminent Danger to Public

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 warrants this action, provided he promptly affords the registrant an opportunity for a hearing under chapter thirty A. The suspension shall continue in effect until the conclusion of the proceedings including judicial review thereof, unless sooner dissolved by a court of competent jurisdiction, or withdrawn by the board of registration in pharmacy in the case of a retail drug business, wholesale druggist or outsourcing facility, or withdrawn by the commissioner in any other case.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 15 - Record-Keeping and Inventory Requirements; Filing of Dea Form 106 With City, Town and State Police Departments Upon Discovery of Theft or Loss of Controlled Substance

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 Federal Food, Drug and Cosmetic Act, and with any additional rules or regulations promulgated by the board of registration in pharmacy in the case of a retail drug business or wholesale druggist or by the commissioner in all other cases.
If a person registered to distribute controlled substances discovers a theft or loss of controlled substances that requires the filing of DEA Form 106 with the United States Drug Enforcement Administration, the person shall simultaneously file a copy of that form with the department of state police. If a person registered to dispense controlled substances discovers a theft or loss of controlled substances that requires the filing of DEA Form 106 with the United States Drug Enforcement Administration, the person shall simultaneously file a copy of that form with the police department in the city or town wherein the theft or loss is alleged to have occurred and to the department of state police.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 16 - Distribution Between Registrants; Order Form

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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 17 - Necessity of Prescription for Dispensing Controlled Substances

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 accordance with section 20 and related regulations.
(c) A controlled substance included in Schedule III, IV, V or VI shall not be dispensed without an electronic prescription from a practitioner.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 18a - Prerequisites for Issuing Outpatient Extended-Release Long-Acting Opioid in a Non-Abuse Deterring Form; Written Pain Management Treatment Plan for Long-Term Pain Management

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) inform the patient and note in the patient's medical record that the prescribed medication, in the prescriber's medical opinion, is an appropriate course of treatment based on the medical need of the patient.
(b) In the event that a practitioner recommends that an extended-release long-acting opioid be utilized during the course of long-term pain management, the practitioner registered under section 7 shall enter into a written pain management treatment agreement with the patient that appropriately addresses the benefits as well as the risk factors for abuse or misuse of the prescribed substance under guidelines published by the department. Such an agreement shall be filed in the patient's medical record or included in the patient's electronic health record.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 18c - Patient Education Required Before Issuance of Opioid Prescription

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 risks associated with the opioid prescribed.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 19 - Prescription; Restrictions on Issuance

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 shall be upon the prescribing practitioner, but a corresponding responsibility shall rest with the pharmacist who fills the prescription. An order purporting to be a prescription issued not in the usual course of professional treatment or in legitimate and authorized research is not a prescription within the meaning and intent of section one and the person knowingly filling such a purported prescription, as well as the person issuing it, shall be subject to the penalties provided by sections thirty-two, thirty-two A, thirty-two B, thirty-two C, thirty-two D, thirty-two E, thirty-two F, thirty-two G, and thirty-two H, as applicable.
(b) No prescription shall be issued in order for a practitioner to obtain controlled substances for supplying the practitioner for the purpose of general dispensing to patients.
(c) Unless permitted by federal law, a prescription shall not be issued for the dispensing of drugs or controlled substances as defined in section thirty-eight of chapter one hundred and twenty-three, listed in any schedule to a drug dependent person for the purpose of continuing his dependence upon such drugs, in the course of conducting an authorized clinical investigation pursuant to an addict rehabilitation program.
(d) Naloxone or other opioid antagonist may lawfully be prescribed and dispensed to a person at risk of experiencing an opiate-related overdose or a family member, friend or other person in a position to assist a person at risk of experiencing an opiate-related overdose. For purposes of this chapter and chapter 112, any such prescription shall be regarded as being issued for a legitimate medical purpose in the usual course of professional practice.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 19a - Emergency Contraception

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-counter or by prescription.
(b) The department shall ensure that a statewide standing order is issued to authorize the dispensing of emergency contraception by a licensed pharmacist. The statewide standing order shall include, but not be limited to, written, standardized procedures or protocols for the dispensing of emergency contraception by a licensed pharmacist. Notwithstanding any general or special law to the contrary, the commissioner, or a physician designated by the commissioner who is registered to distribute or dispense a controlled substance in the course of professional practice pursuant to section 7, shall issue a statewide standing order that may be used by a licensed pharmacist to dispense emergency contraception under this section.
(c) Notwithstanding any general or special law to the contrary, a licensed pharmacist may dispense emergency contraception in accordance with the statewide standing order issued under subsection (b). Except for an act of gross negligence or willful misconduct, a pharmacist who, acting in good faith, dispenses emergency contraception shall not be subject to any criminal or civil liability or any professional disciplinary action by the board of registration in pharmacy related to the use or administration of emergency contraception.
(d) Before dispensing emergency contraception authorized under this section, a pharmacist may complete a training program approved by the commissioner on emergency contraception; provided, however, that the training shall include, but not be limited to, proper documentation, quality assurance and referral to additional services, including appropriate recommendation that the patient follow-up with a medical practitioner.
(e) A pharmacist dispensing emergency contraception under this section shall annually provide to the department the number of times such emergency contraception is dispensed. Reports made pursuant to this section shall not identify any individual patient, shall be confidential and shall not be public records as defined by clause Twenty-sixth of section 7 of chapter 4 or section 10 of chapter 66.
(f) Except for an act of gross negligence or willful misconduct, the commissioner or a physician who issues the statewide standing order under subsection (b) and any medical practitioner who, acting in good faith, directly or through the standing order, prescribes or dispenses emergency contraception shall not be subject to any criminal or civil liability or any professional disciplinary action.
(g) The department, board of registration in medicine, board of registration in nursing and board of registration in pharmacy shall adopt regulations to implement this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 19b1/2 - Exchange of Naloxone or Other Opioid Antagonist Between Registered Entities

Section 19B1/2. Notwithstanding any special or general law to the contrary, a municipality or non-municipal public agency that is duly registered pursuant to subsection (g) of section 7 may convey or exchange naloxone or another opioid antagonist approved by the department to or with another duly registered entity to ensure the availability and use of unexpired naloxone or other approved opioid antagonist; provided, however, that such an exchange shall be recorded in a memorandum between the registered entities in a manner prescribed by the department.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 19c - High Opiate Overdose Area Pharmacies Required to Maintain Continuous Supply of Naloxone Rescue Kits or Opioid Antagonist Medications

Section 19C. The board of registration in pharmacy shall promulgate regulations requiring pharmacies located in areas with high incidents of opiate overdose, as determined by the board in consultation with the department of public health, to maintain a continuous supply of naloxone rescue kits or opioid antagonist medications, as defined in section 19B. Pharmacists employed in locations covered by the regulations shall be subject to the requirements of section 19B.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 19d - Supply Limitations for Opiate Prescriptions; Exception for Palliative Care

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 supply at any time and shall discuss with the parent or guardian of the minor the risks associated with opiate use and the reasons why the prescription is necessary.
(b) Notwithstanding subsection (a), if, in the professional medical judgment of a practitioner, more than a 7–day supply of an opiate is required to treat the adult or minor patient's acute medical condition or is necessary for the treatment of chronic pain management, pain associated with a cancer diagnoses or for palliative care, then the practitioner may issue a prescription for the quantity needed to treat such acute medical condition, chronic pain, pain associated with a cancer diagnosis or pain experienced while the patient is in palliative care. The condition triggering the prescription of an opiate for more than a 7–day supply shall be documented in the patient's medical record and the practitioner shall indicate that a non-opiate alternative was not appropriate to address the medical condition.
(c) Notwithstanding subsections (a) and subsection (b), this section shall not apply to medications designed for the treatment of substance abuse or opioid dependence.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 20 - Oral Prescriptions

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, address and registration number of the practitioner and the name of any expressly authorized representative, the date of the prescription, the name, dosage and strength per dosage unit of the controlled substance, the serial number assigned to the prescription by the dispensing pharmacy, the name of said pharmacy, the name and address of the patient unless it is a veterinary prescription, the directions for use and any cautionary statements required, and a statement indicating the number of times to be refilled.
(b) If the prescribing practitioner is not known to the pharmacist, he shall make a reasonable effort to determine that the oral authorization came from a registered practitioner.
(c) Whenever a practitioner prescribes a controlled substance by oral prescription, the practitioner shall cause an electronic prescription for the prescribed controlled substance to be delivered to the dispensing pharmacy within 2 days; provided, however, that if the practitioner has received an exception from using an electronic prescription from the commissioner pursuant to subsection (h) of section 23, the practitioner shall, within a period of not more than 7 days or such shorter period that is required by federal law, cause a written prescription for the prescribed controlled substance to be delivered to the dispensing pharmacy. The written prescription may be delivered to the pharmacy in person or by mail, but shall be postmarked within 7 days or such shorter period that is required by federal law. When an electronic or written prescription is issued pursuant to this subsection, the practitioner shall indicate on the electronic or written prescription that such prescription is being issued to document an oral prescription. Upon receipt, the dispensing pharmacy shall attach said prescription to the oral prescription which the pharmacy has reduced to writing. Persons charged with the enforcement of this chapter shall report violations of this subsection to the board of registration in medicine, the board of registration in dentistry, the board of registration in podiatry or the board of registration in veterinary medicine, whichever is applicable, and to the commissioner or board of registration in pharmacy, whichever is applicable. The requirements of this subsection shall not apply to controlled substances in Schedule VI of section 3.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 20a - Radiopharmaceutical Drugs

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 radiopharmaceutical drug from an authorized practitioner, the nuclear pharmacist shall immediately reduce the prescription to writing and shall record the name, address and registration number of the practitioner and the name of any expressly authorized representative, the date of the prescription, the name and the dose of the radiopharmaceutical drug, the serial number assigned to the prescription by the dispensing nuclear pharmacy, the name of said nuclear pharmacy, the name and address of the patient and any specific instructions required. If the radiopharmaceutical drug is not administered, it shall be returned to the nuclear pharmacy to be disposed of in accordance with requirements established by the nuclear regulatory commission and any applicable law and the nuclear pharmacist shall note on the prescription form the amount of the radiopharmaceutical drug that has been returned and disposed of as required.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 21b - Advertisement and Sale of Prescription Lock Boxes by Pharmacies

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 facility under the direction or supervision of a registered pharmacist which is authorized to dispense controlled substances; provided, however, that ''pharmacy'' shall not include an institutional pharmacy or a pharmacy department except as otherwise provided in 247 CMR.
''Prescription drug'', a drug which, under federal law, is required, prior to being dispensed or delivered, to be labeled with the statement ''Caution, federal law prohibits dispensing without prescription'' or a drug which is required by applicable federal or state law or regulation to be dispensed pursuant only to a prescription drug order.
(b) A pharmacy registered in the commonwealth to dispense schedule II, III, IV or V prescription drugs shall make available prescription lock boxes for sale at each store location. Pharmacies shall make customers aware of the availability of the lock boxes by displaying a sign on or near the pharmacy counter that: (i) is at least 4 inches by 5 inches; and (ii) includes the following statement in legibly printed font: ''Lock boxes for securing your prescription medications are available at this pharmacy''.