PUBLIC HEALTH CODE (EXCERPT)
Act 368 of 1978
333.17752 Prescription or equivalent record; preservation; disclosure; providing copies; refilling copy; applicability of subsection (3) to pharmacies sharing real-time, on-line database.
(1) A prescription, or an equivalent record of the prescription approved by the board, shall be preserved by a licensee or dispensing prescriber for not less than 5 years.
(2) A prescription or equivalent record on file in a pharmacy is not a public record. A person having custody of or access to prescriptions shall not disclose their contents or provide copies without the patient's authorization, to any person except to any of the following:
(a) The patient for whom the prescription was issued, or another pharmacist acting on behalf of the patient.
(b) The authorized prescriber who issued the prescription, or a licensed health professional who is currently treating the patient.
(c) An agency or agent of government responsible for the enforcement of laws relating to drugs and devices.
(d) A person authorized by a court order.
(e) A person engaged in research projects or studies with protocols approved by the board.
(3) A pharmacist may refill a copy of a prescription from another pharmacy if the original prescription has remaining authorized refills, and the copy is issued according to the following procedure:
(a) The pharmacist issuing a written or oral copy of a prescription shall cancel the original prescription and record the cancellation. The record of cancellation shall include the date the copy was issued, to whom issued, and the identification of the pharmacist who issued the copy.
(b) The written or oral copy issued shall be a duplicate of the original prescription except that it shall also include the prescription number, the name of the pharmacy issuing the copy, the date the copy was issued, and the number of authorized refills remaining available to the patient.
(c) The pharmacist receiving a written or oral copy of the prescription shall exercise reasonable diligence to determine whether it is a valid copy, and having done so may treat the copy as an original prescription.
(d) Except as described in this part, all other copies furnished shall be used for information purposes only and clearly marked "for informational or reference purposes only".
(4) Subsection (3) does not apply to pharmacies that share a real-time, on-line database or other equivalent means of communication or to pharmacies that transfer prescriptions pursuant to a written contract for centralized prescription processing services as provided under section 17753.
History: 1978, Act 368, Eff. Sept. 30, 1978
Am. 2005, Act 73, Imd. Eff. July 19, 2005
Popular Name: Act 368
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