MA law question-C II-VI WITHOUT Rx !!!

[Adelaide]

Could anyone clarify this MA Law topic for me? thanks in advance!

1) MA Prescribing policies and Guidelines (MA Board of registration in Medicine) says the following:
http://www.massmedboard.org/regs/pdf/prescribe2.pdf

Dispensing Controlled Substances Without a Prescription
Under Massachusetts law, physicians may not dispense controlled substances
without a prescription except where the drug is being delivered or administered to the
patient for immediate treatment.22 This prohibition applies to free samples of controlled
substances that physicians keep in stock in their offices.
A physician registered with the proper agencies may deliver or administer
controlled substances without a prescription to patients in a single dose or in such
quantity as is, in the opinion of the physician, essential for the proper treatment of the
patient. ....​

22

​

​

Under Massachusetts law, the term “dispense” means “to deliver a controlled substance to an ultimate user or research subject by a practitioner or pursuant to the order of a practitioner, including the prescribing and administering of a controlled substance and the packaging, labeling, or compounding necessary for such delivery.” M.G.L c. 94C, § 1.​

23 ​

M.G.L. c. 94C, § 9(b). There is an exception to this prohibition. A physician who is acting in good faith and providing care under a program funded in whole or in part by 42 U.S.C. 300, The Family Planning and Population Research Act, or in a clinic licensed by the Department of Public Health to provide comparable medical services, may dispense Schedule VI controlled substances to recipients of these services in such quantity as is needed for treatment. They are exempt from the requirement that such dispensing be in a single dose or as necessary for immediate treatment. M.G.L c. 94C, § 9(e).​

24 ​

M.G.L. c. 94C, § 19(b).​

SO ACCORDING TO MA Board of Reg.in medicine IT APPLIES TO ALL SCHEDULLES (CII-CVI), RIGHT??​

SO READ BELOW:​

2) MA Laws and regulations CHAPTER 94C section 17​

http://www.mass.gov/legis/laws/mgl/94c-17.htm​

Chapter 94C: Section 17. Necessity of prescription for dispensing controlled substances ​

Section 17. (a) No controlled substance in Schedule II may be dispensed without the written prescription of a practitioner, except that—
(b) In emergency situations, as defined by rule or regulation of the commissioner acting jointly with the board of registration in pharmacy, drugs in said Schedule II may be dispensed upon oral prescription of a practitioner, reduced promptly to writing and filed by the pharmacy, pursuant to the provisions of subsection (a) of section twenty.
(c) A controlled substance included in Schedule III, IV, V or VI shall not be dispensed without a written or oral prescription of a practitioner. ​

WHICH ONE IS CORRECT???????????? ​

Thanks​

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[Megas]

Owww my head! I interpret this as: the first subsections 22-24 apply to a situation where the prescriber is doing the dispensing directly of a single dose(like, in their office, without you the pharmacist involved). They can dispense single doses of controlled substances if they need to. This section addesses office dispensing of controlled substances by preactitioners with the authority to prescribe.
The second section from Ch94c S 17 is where a prescriber is issuing a prescription to you the pharmacist, either via phone during an absolute emergency for a CII (although I would be hard-pressed to dispense a CII even in an emergency without a hardcopy from the prescriber), or communicating a prescription for a CIII-CV to you, the pharmacist. This section seems to address dispensing in a pharmacy, which, of course, requires a prescription of some kind.
Course, I'm in PA.

 

[Adelaide]

Thanks Megas,
Yes, I agree with you.
It is confusing since both sources (MA board of Regist. in medicine and MA laws and Regulations used the same term "dispensing" ...now with your help, I can see they dicussed about different aspects of dispensing ...physician dispensing and pharmacist dispensing...THANKS FOR YOUR TIME!

 

[Megas]

Glad I could help! Law is a bitch.

 

[jonniii]

yea i am practicing in MA and i agree with megas interpretations!!

yeaa mass law was written long long time ago and no one cares to update it make it more clear

interestin question: if a rx expires 30 days after it is written, when is the first date? the date written or the 1st day after it was written..lol (the board issues a statement to clarify it) 🙂