§ 84 — Dispensing of a prenatal vitamin to MassHealth member or HSN patient by licensed pharmacist

Massachusetts § 84

• Jurisdiction: Massachusetts
• Part I: ADMINISTRATION OF THE GOVERNMENT
• Title XVII: PUBLIC WELFARE
• Ch. 118E: DIVISION OF MEDICAL ASSISTANCE

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[ Text of section added by 2024, 140, Sec. 132 effective July 1, 2024. See 2024, 140, Sec. 264.]Section 84. (a) For the purposes of this section, "Prenatal vitamin'', shall mean an oral multivitamin for supporting health during pregnancy.(b) Notwithstanding any general or special law to the contrary, a physician who is registered to prescribe or dispense a controlled substance in the course of the physician's professional practice under section 7 of chapter 94C and is designated by the assistant secretary for the division may issue a standing order that may be used for a licensed pharmacist to dispense a prenatal vitamin to a MassHealth member or HSN patient.(c) Notwithstanding any general or special law to the contrary, a licensed pharmacist may dispense a prenatal vitamin in accordance with the standing order issued under subsection (b) to a MassHealth member or HSN patient. Except for gross negligence or willful misconduct, a pharmacist who, in good faith, dispenses a prenatal vitamin consistent with the standing order shall not be subject to any criminal or civil liability or professional disciplinary action by the board of registration in pharmacy related to the dispensing of such prenatal vitamin.(d) A pharmacist who dispenses a prenatal vitamin pursuant to this section to a MassHealth member or HSN patient shall submit a claim to MassHealth or the HSN, as applicable.(e) Except for gross negligence or willful misconduct, the assistant secretary for the division or a physician who issues the standing order under subsection (b) and any practitioner who, in good faith, directly or through the standing order, prescribes or dispenses a prenatal vitamin to a MassHealth member or HSN patient shall not be subject to any criminal or civil liability or professional disciplinary action.(f) The division may adopt regulations or issue written guidance to implement this section.