Massachusetts S 582: An Act ensuring access to medications

Bill Text

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SENATE DOCKET, NO. 884 FILED ON: 1/16/2019
SENATE . . . . . . . . . . . . . . No. 582

The Commonwealth of Massachusetts
_________________
PRESENTED BY:
James B. Eldridge
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act ensuring access to medications.
_______________
PETITION OF:

NAME: DISTRICT/ADDRESS:
James B. Eldridge Middlesex and Worcester
Denise Provost 27th Middlesex 1/31/2019
Bruce E. Tarr First Essex and Middlesex 2/1/2019

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SENATE DOCKET, NO. 884 FILED ON: 1/16/2019
SENATE . . . . . . . . . . . . . . No. 582
By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 582) of James B. Eldridge, Denise
Provost and Bruce E. Tarr for legislation to ensure access to medications. Financial Services.

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 523 OF 2017-2018.]

The Commonwealth of Massachusetts

_______________
In the One Hundred and Ninety-First General Court
(2019-2020)
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An Act ensuring access to medications.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:

1 SECTION 1. Section 3B of chapter 176D of the General Laws, as appearing in the 2016
2 Official Edition, is hereby amended by inserting after the word "network" in line 70, the
3 following sentence:-
4 A carrier shall not prohibit the dispensing of specialty drugs as defined by this section
5 that are included in its pharmaceutical drug benefits to insureds by any licensed pharmacy
6 provided that the pharmacy is able to provide the special handling, administration and
7 monitoring requirements of the specialty drug.; and
8 by inserting, after the word “process” in line 119, the following sentence:-
9 The term "specialty drugs" shall mean prescription medications that require special
10 handling, administration or monitoring.

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11 SECTION 2. Chapter 112 is hereby amended by inserting after section 39J the following
12 section:-
13 Section 39K. (a) The board shall establish a procedure to license specialty pharmacies,
14 which prescribe, ship, mail, sell or dispense specialty medications in the commonwealth, that
15 pertains to the practice of pharmacy. The board shall also take steps to ensure that all shipments
16 of pharmaceuticals from in-state pharmacies to out-of-state destinations are in compliance with
17 the licensing procedures applicable to pharmacies in the commonwealth. Further, for the
18 purposes of this section a specialty pharmacy shall not be defined as a mail service pharmacy and
19 may include any registered pharmacy in the commonwealth engaged in the dispensing of
20 specialty medications as defined in section 3B of Chapter 176D.
21 (b) A specialty pharmacy shall designate a pharmacist in charge who shall register with
22 the board and shall be responsible for the pharmacy's compliance with this chapter. Such
23 pharmacist in charge shall be licensed and in good standing with the state board of registration in
24 pharmacy in which the pharmacy is located.
25 (1) The designated pharmacist in charge shall disclose to the board the location, name
26 and title of all principal managers and the name and Massachusetts license number of the
27 designated pharmacist in charge, if applicable, and a letter from the in-state board of registration
28 of pharmacy certifying that the pharmacist in charge is in good standing with the in-state board
29 of registration. The designated pharmacist in charge shall submit a report containing this
30 information and a copy of the certifying letter of good standing on an annual basis and within 30
31 days after any change of office, corporate office or manager of record.

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32 (2) The designated pharmacist in charge shall certify to the board that the pharmacy
33 maintains, at all times, a current unrestricted license, permit or registration to conduct the
34 pharmacy in compliance with the laws and regulations of the jurisdiction in which it is licensed
35 to practice. The pharmacy shall certify its compliance with reasonable informational requests
36 made by the board. The pharmacy shall also notify the board of any enforcement or disciplinary
37 action taken against the pharmacy regardless of the state in which the enforcement action is
38 taken.
39 (3) The designated pharmacist in charge shall certify to the board that the pharmacy
40 maintains records of all drugs dispensed to patients in the commonwealth, and that these records
41 are readily available, upon the request of the board. A list of drugs dispensed in the
42 commonwealth shall be sent to the board annually.
43 (c) No pharmacy or pharmacist operating outside of the state shall prescribe, ship, mail,
44 sell, transfer or dispense drug preparations in the commonwealth unless that pharmacy has been