Section 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devices, or services to any such persons or institutions.(12) A licensee may not dispense or distribute any expired, outdated, defective, contaminated, counterfeit, contraband, or otherwise substandard drug or device to any person or entity who is not licensed or legally authorized to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.Amended by Mass Register Issue 1536, eff. 12/6/2024.