2006 Massachusetts Code - Section 18. Issuance of prescription by practitioner or physician.

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 authorized employee or agent of the practitioner.

(c) A prescription for a controlled substance contained in schedules III to VI, inclusive, as defined in section three may also be issued by an authorized practitioner who is duly licensed to practice medicine and duly registered in the state wherein he resides, if required, and duly registered under federal law to write prescriptions. It is the duty of the registered pharmacist who is filling a prescription under this paragraph to determine, in accordance with professional standards and personal judgment, that such prescription is authentic and valid; provided, however, that if the substance is in schedules III to V, inclusive, the registered pharmacist shall verify the prescription by telephone or other means. A pharmacist shall not fill a prescription for which said verification cannot be obtained. The pharmacist shall not be held liable for refusing to fill a prescription for which said verification cannot be obtained, provided that documented good faith efforts were made to determine the authenticity and validity of the prescription. This paragraph shall be valid only for the purpose of authorizing the filling of prescriptions, issued within the preceding thirty days, and shall not authorize said physician to process, administer or dispense controlled substances as provided in section nine or to practice medicine within the commonwealth. In the case of any oral prescription for a schedule III through V substance, the pharmacist shall record that he has requested that the practitioner deliver or mail to the dispensing pharmacy a written prescription for the controlled substance within seven days or such shorter period required by Federal law. Any prescription issued under this paragraph shall be issued in the manner prescribed in section twenty-two and all relevant provisions of this chapter shall apply to such physician and prescription. Nothing contained in this section shall be deemed to authorize any mail order pharmacies.

(d) A prescription for a controlled substance contained in Schedule II of section three may also be issued by a physician who is licensed to practice medicine and registered in another state where he resides or practices, if required, and registered under federal law to write prescriptions. A registered pharmacist filling a prescription under the provisions of this paragraph shall determine, in accordance with professional standards and personal judgment, that such prescription is authentic and valid; and shall verify such prescription by telephone or other means. A pharmacist shall not fill a prescription for which said verification cannot be obtained. A pharmacist shall not be held liable for refusing to fill such prescription for which said verification cannot be obtained; provided, however, that documented good faith efforts were made to determine the authenticity and validity of such prescription. This paragraph is only for the purpose of authorizing the filling of prescriptions within the commonwealth, issued within the preceding five days, and shall not authorize such practitioner to possess, administer or dispense controlled substances as provided in section nine, or to practice medicine within the commonwealth. Any prescription issued under the provisions of this paragraph shall be issued in the manner prescribed in section twenty-two and all relevant provisions of this chapter shall apply to such practitioner and prescription. In the case of any prescription for a Schedule II substance filled under the provisions of this paragraph, a pharmacist filling such prescription shall within thirty days after the filling of such prescription deliver to the department a copy of each such Schedule II prescription; provided, however, that such copy shall not include the name and address of the patient for whom the prescription is issued and that such copy and the information contained thereon shall not be deemed to be public record within the meaning of section seven of chapter four and shall be subject to the restrictions set forth in section two of chapter sixty-six A. Nothing contained in this section shall be deemed to authorize any mail order pharmacies.