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Section 1 - Definitions

MA Gen L ch 94h § 1 (2019) (N/A)
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[Text of section effective until December 31, 2021. Repealed by 2016, 52, Sec. 55 as amended by 2016, 351, Sec. 6. See 2016, 52, Sec. 77.]

Section 1. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:

''Covered drug'', any brand name or generic opioid drug placed in Schedule II or Schedule III of section 3 of chapter 94C; provided, however, that ''covered drug'' shall also include benzodiazepines; provided, further, that ''covered drug'' shall not include: (i) drugs intended for use solely in veterinary care; (ii) substances that are regulated as cosmetic products under the United States Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et seq.; (iii) drugs that are compounded under a specialty license pursuant to sections 39G to 39J, inclusive, of chapter 112; (iv) hypodermic needles, lancets or other sharps products subject to collection and disposal procedures established in section 27A of chapter 94C; or (v) drugs approved and used primarily for medication-assisted substance use disorder treatment.

''Department'', the department of public health.

''Drug stewardship program'', a program financed by a pharmaceutical product manufacturer or a group of manufacturers to collect, secure, transport and safely dispose of unwanted drugs.

''Pharmaceutical product manufacturer'' or ''manufacturer'', an entity that manufactures a controlled substance under a United States Food and Drug Administration manufacturer's license, except for an institutional pharmacy, as defined in section 39D of chapter 112 or a wholesaler.

''Prescription drug'', any drug product which may be dispensed pursuant to chapter 94C under a written prescription by an authorized prescriber.

''Stewardship organization'', an organization designated by a manufacturer or a group of manufacturers to act as an agent on behalf of the manufacturer or the group of manufacturers to implement and operate a drug stewardship program.

''Unwanted drug'', a covered drug: (i) that is no longer wanted or intended to be consumed, or that is abandoned, discarded, expired or surrendered by the person to whom it was prescribed; or (ii) voluntarily deposited at collection points co-located with a law enforcement agency; provided, however, that ''unwanted drug'' shall not include: (A) waste or unused drug products from a pharmacy, hospital or health clinic or other commercial sources that the department may determine by regulation to be a nonresidential source; or (B) drug products seized by law enforcement officers in the course of their law enforcement duties.

''Wholesaler'', an entity licensed pursuant to section 36B of chapter 112.