Section 722.090 - Hospital Pharmacies(A) Hospital pharmacies may fill medication orders for hospital inpatients, prescriptions for hospital outpatients and employees, and medication orders or prescriptions for inpatients of a hospital-based skilled nursing facility or a long-term care facility that is solely owned by a hospital that meets the Federal criteria for a sole community hospital contained at 42 CFR § 412.92 and is located on the hospital premises. Patients of such a hospital-based skilled nursing facility or long-term care facility shall be considered hospital patients for the purposes of receiving pharmacy services.(B) Notwithstanding the provisions of 105 CMR 722.090(A), hospital pharmacies and their satellites or branches may fill prescriptions for emergency room patients and discharge patients in an amount not to exceed a 14 day supply of the prescribed medication.(1) Prescriptions for emergency room patients and discharge patients may not be refilled by the hospital pharmacy.(2) Drug products which are only available from the manufacturer in greater than 14 day supplies may be dispensed in larger quantities for emergency room and discharge patients. The quantity dispensed, however, may not exceed the smallest quantity supplied by the manufacturer.(C) Notwithstanding 105 CMR 722.090(B), in the case of drugs which are not available in a retail pharmacy, a hospital pharmacist may fill prescriptions for emergency room patients and discharge patients in the amount prescribed by the practitioner. The Department may establish a list of those drugs which may be obtained from a hospital pharmacy under 105 CMR 722.090(B).(D) In filling prescriptions in accordance with 105 CMR 722.090(A) through (C), no prescription shall be accepted as valid by a pharmacist unless it is on a prescription form approved by the Department pursuant to M.G.L. c. 112, § 12D.(E) Whenever a practitioner indicates "no substitution" on a prescription form, a hospital pharmacy shall dispense the drug product prescribed by the practitioner. Whenever a practitioner does not indicate "no substitution" on a prescription form, a hospital pharmacy shall dispense a less expensive drug product as listed in the hospital's formulary. A drug listed on the hospital's formulary shall be presumed to be a less expensive drug product. The hospital's formulary is a continually revised compilation of pharmaceuticals to be dispensed in the hospital as determined by the medical staff of the hospital. The hospital formulary shall include only those drugs which have been found to be therapeutically equivalent by the federal Food and Drug Administration.Amended by Mass Register Issue 1338, eff. 5/5/2017.Amended by Mass Register Issue 1531, eff. 9/27/2024.