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Bill

SD 99

An Act relative to smoking cessation agents

194th Legislature (2025-2026) Introduced by Mike Moore

Allows licensed pharmacists to dispense Smoking Cessation Agents under physician-approved protocols, with training and oversight, expanding access while ensuring safe follow-up.

House concurred
0
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Bill Summary · SD 99

Summary: An Act Relative to Smoking Cessation Agents (Senate Docket No. 99)

Overview

This bill proposes to expand the role of licensed pharmacists in Massachusetts by allowing them to dispense Smoking Cessation Agents under physician-developed, standardized procedures. It would insert a new section (Section 19G) into Chapter 94C and require accompanying training and regulatory oversight. The goal is to improve access to smoking cessation therapies while ensuring safe, coordinated care.

Key Provisions

  • New authority for pharmacists: A licensed pharmacist may dispense Smoking Cessation Agents in accordance with written procedures or protocols developed by an actively practicing physician registered with the commissioner to distribute or dispense a controlled substance in the course of professional practice pursuant to section 7.
  • Filing and implementation: The procedures or protocols must be filed at the pharmacist’s place of practice and with the Massachusetts Board of Registration in Pharmacy before implementation.
  • Mandatory training: Before dispensing, pharmacists must complete a training program approved by the commissioner. Training must cover documentation, quality assurance, and referral to additional services, including recommending follow-up with a medical practitioner.
  • Regulatory framework: The Department of Public Health (DPH), the Board of Registration in Medicine, and the Board of Registration in Pharmacy must adopt regulations to implement the section.

Note: The bill uses language referencing “controlled substances,” which may affect how certain smoking cessation agents are categorized under existing controlled-substance statutes. The specific agents covered are not enumerated in the text.

Who Is Affected

  • Licensed pharmacists in Massachusetts (primary implementers).
  • Physicians who are actively practicing and registered with the commissioner to distribute or dispense a controlled substance (protocol developers).
  • Patients seeking smoking cessation therapies (beneficiaries of expanded access).
  • State regulatory bodies: Department of Public Health, Board of Registration in Medicine, and Board of Registration in Pharmacy (regulatory overseers).

How It Would Work (Process Overview)

  1. An actively practicing physician develops standardized procedures for dispensing Smoking Cessation Agents.
  2. The physician’s procedures are filed with the pharmacist’s practice site and with the Board of Registration in Pharmacy.
  3. A pharmacist completes a commissioner-approved training program addressing documentation, QA, and appropriate referrals.
  4. The pharmacist dispenses Smoking Cessation Agents under the approved protocols, with adherence to regulatory requirements.
  5. Regulations to implement the framework would be established by DPH and the two professional boards.

Status and Timeline

  • Introduced: February 27, 2025.
  • House concurrence: February 27, 2025.
  • Referred to: Committee on Public Health.
  • Legislative history references a similar matter filed in prior session (Senate No. 1428, 2023-2024).

Potential Impact and Considerations

  • Access: Potentially broader and more convenient access to cessation therapies through community pharmacies.
  • Safety and oversight: Training and filing requirements aim to ensure safe dispensing and appropriate patient follow-up.
  • Clarity on agents: The exact list and categorization of “Smoking Cessation Agents” and their relationship to controlled substances will be clarified through implementing regulations.
  • Implementation timeline: Dependent on regulatory actions by DPH and boards; timing will hinge on adoption of the accompanying regulations.

Compiled from official sources — confirm details with the bill’s official record.

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