PUBLIC HEALTH CODE (EXCERPT)
Act 368 of 1978
***** 333.17745 THIS SECTION IS AMENDED EFFECTIVE MARCH 22, 2017: See 333.17745.amended *****
333.17745 Drug control license; patient's chart or clinical record to include record of drugs dispensed; delegating authority to dispense drugs; storage of drugs; container; label; complimentary starter dose drug; information; compliance with MCL 333.7303a; inspection of locations; limitation on delegation; receipt of complimentary starter dose drugs by pharmacist; "complimentary starter dose" defined.
(1) Except as otherwise provided in this subsection, a prescriber who wishes to dispense prescription drugs shall obtain from the board a drug control license for each location in which the storage and dispensing of prescription drugs occur. A drug control license is not necessary if the dispensing occurs in the emergency department, emergency room, or trauma center of a hospital licensed under article 17 or if the dispensing involves only the issuance of complimentary starter dose drugs.
(2) Except as otherwise authorized for expedited partner therapy in section 5110 or as provided in section 17744a or 17744b, a dispensing prescriber shall dispense prescription drugs only to his or her own patients.
(3) A dispensing prescriber shall include in a patient's chart or clinical record a complete record, including prescription drug names, dosages, and quantities, of all prescription drugs dispensed directly by the dispensing prescriber or indirectly under his or her delegatory authority. If prescription drugs are dispensed under the prescriber's delegatory authority, the delegatee who dispenses the prescription drugs shall initial the patient's chart, clinical record, or log of prescription drugs dispensed. In a patient's chart or clinical record, a dispensing prescriber shall distinguish between prescription drugs dispensed to the patient, prescription drugs prescribed for the patient, prescription drugs dispensed or prescribed for expedited partner therapy as authorized in section 5110, and prescription drugs dispensed or prescribed as authorized under section 17744a or 17744b. A dispensing prescriber shall retain information required under this subsection for not less than 5 years after the information is entered in the patient's chart or clinical record.
(4) A dispensing prescriber shall store prescription drugs under conditions that will maintain their stability, integrity, and effectiveness and will assure that the prescription drugs are free of contamination, deterioration, and adulteration.
(5) A dispensing prescriber shall store prescription drugs in a substantially constructed, securely lockable cabinet. Access to the cabinet shall be limited to individuals authorized to dispense prescription drugs in compliance with this part and article 7.
(6) Unless otherwise requested by a patient, a dispensing prescriber shall dispense a prescription drug in a safety closure container that complies with the poison prevention packaging act of 1970, 15 USC 1471 to 1477.
(7) A dispensing prescriber shall dispense a drug in a container that bears a label containing all of the following information:
(a) The name and address of the location from which the prescription drug is dispensed.
(b) Except as otherwise authorized under section 5110, 17744a, or 17744b, the patient's name and record number.
(c) The date the prescription drug was dispensed.
(d) The prescriber's name or, if dispensed under the prescriber's delegatory authority, the name of the delegatee.
(e) The directions for use.
(f) The name and strength of the prescription drug.
(g) The quantity dispensed.
(h) The expiration date of the prescription drug or the statement required under section 17756.
(8) A dispensing prescriber who dispenses a complimentary starter dose drug to a patient shall give the patient the information required in this subsection, by dispensing the complimentary starter dose drug to the patient in a container that bears a label containing the required information or by giving the patient a written document that may include, but is not limited to, a preprinted insert that comes with the complimentary starter dose drug and that contains the required information. The information required to be given to the patient under this subsection includes all of the following:
(a) The name and strength of the complimentary starter dose drug.
(b) Directions for the patient's use of the complimentary starter dose drug.
(c) The expiration date of the complimentary starter dose drug or the statement required under section 17756.
(9) The information required under subsection (8) is in addition to, and does not supersede or modify, other state or federal law regulating the labeling of prescription drugs.
(10) In addition to meeting the requirements of this part, a dispensing prescriber who dispenses controlled substances shall comply with section 7303a.
(11) The board may periodically inspect locations from which prescription drugs are dispensed.
(12) The act, task, or function of dispensing prescription drugs shall be delegated only as provided in this part and sections 16215, 17048, 17076, 17212, and 17548.
(13) A supervising physician may delegate in writing to a pharmacist practicing in a hospital pharmacy within a hospital licensed under article 17 the receipt of complimentary starter dose drugs other than controlled substances as defined by article 7 or federal law. When the delegated receipt of complimentary starter dose drugs occurs, both the pharmacist's name and the supervising physician's name shall be used, recorded, or otherwise indicated in connection with each receipt. A pharmacist described in this subsection may dispense a prescription for complimentary starter dose drugs written or transmitted by facsimile, electronic transmission, or other means of communication by a prescriber.
(14) As used in this section, "complimentary starter dose" means a prescription drug packaged, dispensed, and distributed in accordance with state and federal law that is provided to a dispensing prescriber free of charge by a manufacturer or distributor and dispensed free of charge by the dispensing prescriber to his or her patients.
History: 1978, Act 368, Eff. Sept. 30, 1978
Am. 1980, Act 431, Eff. Mar. 31, 1981
Am. 1986, Act 304, Eff. Mar. 31, 1987
Am. 1990, Act 333, Eff. Mar. 28, 1991
Am. 1992, Act 281, Imd. Eff. Dec. 18, 1992
Am. 1993, Act 305, Imd. Eff. Dec. 28, 1993
Am. 1996, Act 355, Imd. Eff. July 1, 1996
Am. 1997, Act 186, Eff. Mar. 31, 1998
Am. 2006, Act 672, Imd. Eff. Jan. 10, 2007
Am. 2011, Act 210, Imd. Eff. Nov. 8, 2011
Am. 2013, Act 186, Eff. Mar. 14, 2014
Am. 2014, Act 311, Imd. Eff. Oct. 14, 2014
Am. 2014, Act 525, Imd. Eff. Jan. 14, 2015
Popular Name: Act 368
© 2015 Legislative Council, State of Michigan