Section 73 Standing Order for Prenatal Vitamins and Oral Contraceptives

Said chapter 118E of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by adding the following 2 sections:-
Section 83. (a) As used in this section and section 84, the following terms shall have the following meaning unless the context clearly requires otherwise:
"HSN", the payment program established and administered in accordance with sections 8A and 64 through 69, inclusive.
"HSN patient", an individual served by an HSN provider whose services are paid for through the HSN.
"OTC oral contraceptive", a nonprescription oral contraceptive approved or otherwise authorized by the federal Food and Drug Administration.
(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 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 an OTC oral contraceptive to a MassHealth member or HSN patient.
(c) Notwithstanding any general or special law to the contrary, a licensed pharmacist may dispense an OTC oral contraceptive in accordance with the standing order issued under subsection (b) to a MassHealth member or HSN patient. Except for an act of gross negligence or willful misconduct, a pharmacist who, acting in good faith, dispenses an OTC oral contraceptive consistent with the standing order shall not be subject to any criminal or civil liability or any professional disciplinary action by the board of registration in pharmacy related to the use of an OTC oral contraceptive.
(d) A pharmacist who dispenses an OTC oral contraceptive 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 an act of 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, acting in good faith, directly or through the standing order, prescribes or dispenses an OTC oral contraceptive to a MassHealth member or HSN patient shall not be subject to any criminal or civil liability or any professional disciplinary action.
(f) The division may adopt regulations or issue written guidance to implement this section.
Section 84. (a) As used in this section, the following terms shall have the following meaning unless the context clearly requires otherwise:
"Prenatal vitamin", 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 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 an act of gross negligence or willful misconduct, a pharmacist who, acting in good faith, dispenses a prenatal vitamin consistent with the standing order shall not be subject to any criminal or civil liability or any professional disciplinary action by the board of registration in pharmacy related to the use of a 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 an act of 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, acting 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 any professional disciplinary action.
(f) The division may adopt regulations or issue written guidance to implement this section.

This section establishes standing orders for prenatal vitamins and oral contraceptives so that Federal Financial Participation is available for these products when pharmacists dispense them to MassHealth members and to individuals whose claims are paid by the Health Safety Net.