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Ex. AGY-ST-HEALTH-SUBORDERS-116 Order Primary source read

Order of the Commissioner of Public Health, COVID-19 Public Health Emergency Order No. 2021-3

Retail pharmacies with LTCF or ALR contracts may provide COVID-19 vaccine to long-term care facilities and assisted living residences without patient-specific prescriptions; facilities may possess vaccine without a Controlled Substance Registration if they comply with storage rules, administer under a practitioner's order, enroll in the Massachusetts COVID-19 Vaccination Program and report to the MIIS

Margret R. Cooke, Acting Commissioner, Massachusetts Department of Public Health · Massachusetts - Department of Public Health (State health department) (State)

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The COVID Project

The record

Jurisdiction
Massachusetts - Department of Public Health (State health department) · Massachusetts
Level
State
Authority
G.L. c. 17, § 2A; Public Health Council vote of June 9, 2021; approval of the Governor (recited)
Issued
2021-07-30 July 30, 2021
Effective
2021-07-30
End
duration of the modified public health emergency (rescinded with Order 2022-xx series in 2022) (read as 2021-09-30)
In force
July 30, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitation types
Health care ordersWorkplace rulesVaccination or testingSupply chain
Addressees
  • retail pharmacies licensed by the Board of Registration in Pharmacy with LTCF or ALR contracts
  • licensed long-term care facilities and certified assisted living residences
Functions reached
  • SC vaccine supply chain to LTC (pharmacy distribution conditions)
  • RS residential care (vaccine possession and administration conditions)
  • OF reporting (MIIS)
  • CB residents
Collection
State health department orders to licensed settings AGY-ST-HEALTH-SUBORDERS

Operative words

To ensure that residents in licensed long-term care facilities and certified assisted living residences have access to COVID-19 vaccine, notwithstanding M.G.L. c. 94C, §§ 17 and 19, a retail pharmacy licensed by the Board of Registration in Pharmacy, that currently has a contractual agreement to provide controlled substances to a licensed long-term care facility (LTCF) or a certified assisted living residence (ALR), may provide COVID-19 vaccine to a LTCF or ALR without patient specific prescriptions. A licensed long-term care facility or certified assisted living residence may receive and possess COVID-19 vaccine from such a retail pharmacy, without obtaining a Massachusetts Controlled Substance Registration as a health facility in accordance with 105 CMR 700.004(A)(2), provided that the LTCF or ALR: Complies with all state and federal rules and regulations for security and storage of COVID-19 vaccine; Administers the vaccine pursuant to a valid practitioner's order; Enrolls in and complies with all terms of the Massachusetts COVID-19 Vaccination Program (MCVP), which shall include execution of the MCVP Agreement; and Reports all immunization information as required by law, including G.L. c. 111 § 24M and 105 CMR 222... IT IS SO ORDERED.

Enforcement

G.L. c. 17, § 2A; G.L. c. 94C (controlled substance registration); pharmacy and facility licensure

Notes

A Q3 2021 instrument issued July 30, 2021.

Retrieval note

The MA State file saved Orders 2021-1 (MA-054) and 2021-4 (MA-067, nursing-home personnel vaccination by Oct. 10, 2021); 2021-3, 2021-5, 2021-6, 2021-7 and 2021-8 are saved here.

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.