POLICY 99-01
Joint Finding of the Board of Registration In Pharmacy and Department of Public Health
Interpretation of M.G.L. c. 94C, § 23(d)
re: Prescribing Limits for Schedules II and III Controlled Substance Prescriptions

Massachusetts General Laws Chapter 94C, Section 23 (d) states:

"In regard to a controlled substance in Schedule II or III, no prescription shall be filled for more than a thirty- day supply of such substance upon any single filling; provided, however, that with regard to dextro amphetamine sulfate and methyl phenidate hydrochloride, a prescription may be filled for up to a sixty-day supply of such substance upon any single filling if said substance is being used for the treatment of minimal brain dysfunction or narcolepsy; provided further, that subject to regulations of the department and the board of pharmacy, prescriptions for implantable infusion pumps consisting of Schedule II or Schedule III controlled substances may be filled for a maximum of 90 days".

(Amended by 1998, 104, Sec. 5 eff. 7-30-98)

For the purposes of fulfilling the intent of this section, the Board of Registration In Pharmacy and the Department of Public Health, find that:

  1. The term "minimal brain dysfunction" shall mean Attention Deficit/Hyperactivity Disorder ("ADHD") or other accepted term for an inattention and impulsivity-hyperactivity disorder; and

  2. The term "dextro amphetamine sulfate" shall mean drug products containing the dextro and/or levo isomers of amphetamine and the salts thereof.

Policy Date: January 12, 1999
Authority: Massachusetts Controlled Substances Act


POLICY 99-02
Finding of the Board of Registration In Pharmacy and Department of Public Health
Interpretation of M.G.L. c. 94C, § 18(d)
re: Issuance of Prescription by Practitioner or Physician

Massachusetts General Laws Chapter 94C, Section 18 (d) states:

"A prescription for a controlled substance contained in Schedule II of section three may also be issued by a physician who is licensed to practice medicine and registered in another state where he resides or practices, if required, and registered under federal law to write prescriptions." --------- "This paragraph is only for the purpose of authorizing the filling of prescriptions within the commonwealth, issued within the preceding five days".

(Amended by 1998, 104, Sec. 2 eff. 7-30-98)

Massachusetts General Laws Chapter 94C, Section 23 (a) states:

"A written prescription for a controlled substance in Schedule II shall become invalid 30 days after the date of issuance".

(Amended by 1998, 104, Sec. 4 eff. 7-30-98)

For purposes of fulfilling the intent of these sections, the Board of Registration In Pharmacy finds that a prescription issued by an authorized physician from another state for a Schedule II Controlled Substance shall become invalid 30 days after the date of issuance.

Authorized by counsel June 23, 1999


This information is provided by the Division of Health Professions Licensure within the Department of Public Health.