247 CMR, § 9.01 - General Practice Standards
(1) A licensee
shall conduct professional activities in conformity with M.G.L. c. 112,
§§ 24 through 42D, M.G.L. c. 94C, and 247 CMR 2.00:
Definitions.
(2) A
licensee may not process a prescription; dispense a drug, device, or other
substance; or administer a controlled substance or vaccine in a manner which is
intended, either directly or indirectly, to circumvent any law or regulation
governing the practice of pharmacy.
(3) Unless otherwise regulated by the Board,
a licensee shall adhere to the most current standards established by each
chapter of the United States Pharmacopeia ("USP").
(4) A pharmacist shall practice pharmacy
within the scope of his or her education, training, and experience and within
the recognized pharmacist scope of practice.
(5) Unless otherwise permitted by law,
regulation, or Board policy, a licensee may not re-dispense any medication
which has been previously dispensed.
(6) A licensee may not accept or purchase
medications designated as "drug samples not for resale" for the purpose of
compounding, repacking, or in any way reselling said medications.
(7) A pharmacy shall accept a medication that
it previously dispensed to a patient if the medication:
(a) was dispensed to the patient in error;
or
(b) is suspected to be defective
or contaminated.
A medication accepted by a pharmacy pursuant to 247 CMR 9.01 may not be returned to the pharmacy's inventory and must be quarantined and properly disposed. A pharmacy is not required to accept a medication from a patient that was properly dispensed and not defective at the time it was dispensed.
(8) While on duty, a pharmacist
shall be responsible for the proper preservation, storage, and security of all
controlled substances in the pharmacy.
(9) A licensee may not engage in any
fraudulent or deceptive act.
(10) A
licensee may not in any way aid or abet the unlawful practice of
pharmacy.
(11) A licensee may not
offer, solicit, or receive remuneration or anything of value to or from any
person who owns, operates, manages, or is an employee of a hospital, nursing
home, or other health care facility in return for a referral to a pharmacy,
pharmacist, pharmacy technician, or pharmacy intern or the generation of
business from sale or furnishing of any drugs, devices, or services to any such
persons or institutions.
(12) A
licensee may not dispense or distribute any expired, outdated, defective,
contaminated, counterfeit, contraband, or otherwise substandard drug or device
to any person or entity who is not licensed or legally authorized to receive
such drug or device.
(13) Unless
otherwise permitted by law, a pharmacist connected with, or employed by, a
hospital or clinic pharmacy that does not hold a Drug Store pharmacy license
may not dispense drugs to any person other than inpatients or outpatients of
the hospital or clinic, or to employees of said hospital or clinic, or to said
employees' spouses and children who live in the same household with said
employees.
(14) A licensee may not
provide any practitioner with blank prescription forms which refer to any
pharmacist or pharmacy.
(15) A
licensee may not refuse to compound simple or moderate non-sterile compounded
preparations customary to the community needs except upon extenuating
circumstances or by a waiver of Board regulation.
(16) A licensee shall maintain patient
confidentiality and protect a patient's confidential information.
(17) A pharmacist, pharmacy intern, or
pharmacy technician may not practice in a pharmacy for more than 12 hours in a
24 hour period without completing an eight consecutive hour rest period prior
to resuming work in a pharmacy. In the event of an extenuating circumstance, a
pharmacist, pharmacy intern, or pharmacy technician may exceed 12 hours in
order to act in the best interest of the patient, provided the time in excess
of 12 hours is minimized and the licensee documents the extenuating
circumstance.
(18) A pharmacist,
pharmacy intern, and pharmacy technician shall carry, post on the wall of the
pharmacy where he or she works, or have readily available at the pharmacy where
he or she works, a license issued by the Board.
(19) A pharmacist shall wear a name tag with
at least his or her first name and the title "Pharmacist", "Registered
Pharmacist", or "R.Ph.".
(20) A
pharmacist shall maintain an NABP e-profile number.
(21) A pharmacist shall comply with all
elements of a drug's FDA required risk evaluation and mitigation strategy
("REMS"), including any distribution or dispensing restriction included in its
REMS.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.