Section 30 Unlawful dispensing of controlled substances; penalties; clerical and ministerial supportive services excepted

Section 30. No person shall dispense any controlled substance or any substance intended for hypodermic use except a person registered as a pharmacist or assistant pharmacist under section twenty-four or corresponding provisions of earlier laws who is acting in the course of his employment in a pharmacy, an intern in pharmacy under the direct supervision of a registered pharmacist in accordance with the regulations of the board, and a practitioner in accordance with the provisions of chapter ninety-four C. The terms “controlled substances”, “dispense”, “practitioner”, and “pharmacy”, as used in this section, shall have the same meaning as set forth in section one of said chapter ninety-four C.

Whoever violates any provision of this section shall be punished by imprisonment in a jail or the house of correction for not more than three months, or by a fine of not more than five hundred dollars, or both.

Notwithstanding any provision of this section to the contrary, a person under the direction and supervision of a registered pharmacist may perform those clerical and ministerial supportive services in a pharmacy which do not require the exercise of professional judgment by a registered pharmacist. The board may make such rules and regulations as it deems necessary to define the supportive services which an unregistered person may perform in a pharmacy. The registered pharmacist shall be responsible for the actions of any supportive personnel under his supervision.