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Outsourcing Facility 13

SECTION 99.   Section 39J of said chapter 112, as so appearing, is hereby amended by striking out subsection (d), each time it appears, and inserting in place thereof the following 2 subsections:-

(d) No pharmacy, pharmacist or outsourcing facility operating outside of the commonwealth may prescribe, ship, mail, sell, transfer or dispense sterile drug preparations or complex nonsterile drug preparations in the commonwealth unless the sterile drug preparations or complex non-sterile drug preparations are compounded in a pharmacy or outsourcing facility that has been granted a nonresident sterile compounding license, nonresident complex non-sterile compounding license or nonresident outsourcing facility registration pursuant to this chapter.

(e) Non-resident pharmacies holding a nonresident pharmacy license under this section shall be subject to the requirements of section 24A of chapter 94C; provided, however, that nonresident pharmacies shall not be eligible for a waiver under said section 24A. An application for licensure under this section shall not be approved unless the applicant has demonstrated the ability to comply with said section 24A. The board may revoke a nonresident pharmacy license for failure to comply with said section 24A.