Massachusetts General Laws Part I. Administration of the Government (Ch. 1-182) Ch. 94H, § 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.