Section 24B. The department shall annually determine, through the prescription drug monitoring system established in section 24A, the mean and median quantity and volume of prescriptions for opiates contained in Schedules II and III of section 3 issued by practitioners registered under section 7; provided, however, that mean and median prescription quantities and volumes shall be determined within categories of practitioners of a similar specialty or practice type as determined by the department.
The department shall work in conjunction with the respective boards of licensure to annually determine each practitioner's Schedule II and Schedule III opiate prescribing quantity and volume and the practitioner's standing with regard to the mean and median quantity and volume for the practitioner's category of specialty or practice type; provided, however, that the practitioner's standing shall be expressed as a percentile ranking for the practitioner within the practitioner's category. Each practitioner whose prescribing exceeds the mean or median within the practitioner's category shall be sent notice of the practitioner's percentile ranking in a manner determined by the department. Any practitioner may request the practitioner's own percentile ranking within the practitioner's own category of practice. The ranking determined for each practitioner shall be confidential, and shall be distributed by the department or by the relevant board of licensure only to the practitioner to which the information pertains. Such information shall not; (a) constitute a public record as defined in clause twenty-sixth of section 7 of chapter 4; (b) be admissible as evidence in a civil or criminal proceeding; or (c) be the sole basis for investigation by a licensure board.
The department shall also coordinate with the respective boards of licensure to make resources available to prescribers regarding ways to change prescribing practices and incorporate alternative pain management options into a prescriber's practice.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XV - Regulation of Trade
Chapter 94c - Controlled Substances Act
Section 2 - Establishment of Schedules of Drugs or Other Controlled Substances
Section 2a - Temporary Placement of Substance in Schedule I
Section 3 - Findings Required for Placement in Schedules
Section 4 - Exceptions From Schedules
Section 5 - Dispensing Controlled Substances Excepted Under Sec. 4
Section 6 - Rules and Regulations
Section 7a - Registration as Participant in Prescription Monitoring Program
Section 8 - Research Projects and Studies
Section 10 - Separate Registration
Section 11 - Inspection of Establishments of Registrants or Applicants
Section 12 - Issuance of Registration to Manufacture or Distribute Controlled Substances
Section 16 - Distribution Between Registrants; Order Form
Section 17 - Necessity of Prescription for Dispensing Controlled Substances
Section 18 - Issuance of Prescription by Practitioner or Physician
Section 18b - Voluntary Non-Opiate Directive Form
Section 18c - Patient Education Required Before Issuance of Opioid Prescription
Section 19 - Prescription; Restrictions on Issuance
Section 19a - Emergency Contraception
Section 19b - Dispensing, Possessing and Administrating Opioid Antagonist
Section 19b1/2 - Exchange of Naloxone or Other Opioid Antagonist Between Registered Entities
Section 19d - Supply Limitations for Opiate Prescriptions; Exception for Palliative Care
Section 20 - Oral Prescriptions
Section 20a - Radiopharmaceutical Drugs
Section 21a - Prescriptions; Prospective Drug Review and Counseling by Pharmacist
Section 21b - Advertisement and Sale of Prescription Lock Boxes by Pharmacies
Section 22 - Contents of Prescription Written by Practitioner
Section 23 - Written or Electronic Prescriptions; Requirements and Restrictions
Section 27 - Sale of Hypodermic Syringes or Hypodermic Needles
Section 28 - Jurisdiction of Superior Court
Section 29 - Educational Programs for Prevention of Abuse of Controlled Substances
Section 30 - Administrative Inspection of Controlled Premises
Section 32k - Inducing or Abetting Minor to Distribute or Sell Controlled Substances
Section 32m - Possession of 2 Ounces or Less of Marihuana; Drug Awareness Program
Section 37 - Theft of Controlled Substances From Persons Authorized to Dispense or Possess
Section 38 - Violation of Secs. 24(a), 25, 26 or 27
Section 39 - Violation of Secs. 21 or 22
Section 41 - Arrest Without Warrant
Section 42 - Cooperation With Federal and Other State Agencies
Section 43 - Conformity With Federal Acts
Section 45 - Photographing and Fingerprinting of Persons Charged With Felony