SENATE BILL No. 213

 

 

March 2, 2011, Introduced by Senators CASPERSON, CASWELL, JANSEN and NOFS and referred to the Committee on Health Policy.

 

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending sections 7405, 17708, 17751, and 17763 (MCL 333.7405,

 

333.17708, 333.17751, and 333.17763), sections 7405, 17708, and

 

17763 as amended by 2009 PA 150 and section 17751 as amended by

 

2006 PA 672.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 7405. (1) A person:

 

     (a) Who is licensed by the administrator under this article

 

shall not distribute, prescribe, or dispense a controlled substance

 

in violation of section 7333.

 

     (b) Who is a licensee shall not manufacture a controlled

 

substance not authorized by his or her license or distribute,

 

prescribe, or dispense a controlled substance not authorized by his

 


or her license to another licensee or other authorized person,

 

except as authorized by rules promulgated by the administrator.

 

     (c) Shall not refuse an entry into any premises for an

 

inspection authorized by this article.

 

     (d) Shall not knowingly keep or maintain a store, shop,

 

warehouse, dwelling, building, vehicle, boat, aircraft, or other

 

structure or place, that is frequented by persons using controlled

 

substances in violation of this article for the purpose of using

 

controlled substances, or that is used for keeping or selling

 

controlled substances in violation of this article.

 

     (e) Who is a practitioner shall not dispense a prescription

 

for a controlled substance written and signed or transmitted by

 

facsimile, electronic transmission, or other means of communication

 

by a physician prescriber or dentist prescriber licensed to

 

practice in a state other than Michigan, unless the prescription is

 

issued by a physician prescriber or dentist prescriber who is

 

authorized under the laws of that state to practice dentistry,

 

medicine, or osteopathic medicine and surgery and to prescribe

 

controlled substances.

 

     (2) A person who violates subsection (1) is subject to the

 

penalties prescribed in section 7406.

 

     Sec. 17708. (1) "Preceptor" means a pharmacist approved by the

 

board to direct the training of an intern in an approved pharmacy.

 

     (2) "Prescriber" means a licensed dentist, a licensed doctor

 

of medicine, a licensed doctor of osteopathic medicine and surgery,

 

a licensed doctor of podiatric medicine and surgery, a licensed

 

optometrist certified under part 174 to administer and prescribe

 


therapeutic pharmaceutical agents, a licensed veterinarian, or

 

another licensed health professional acting under the delegation

 

and using, recording, or otherwise indicating the name of the

 

delegating licensed doctor of medicine or licensed doctor of

 

osteopathic medicine and surgery.

 

     (3) "Prescription" means an order for a drug or device written

 

and signed or transmitted by facsimile, electronic transmission, or

 

other means of communication by a prescriber to be filled,

 

compounded, or dispensed. Prescribing is limited to a prescriber.

 

An order transmitted in other than written form shall be

 

electronically recorded, printed, or written and immediately dated

 

by the pharmacist, and that record constitutes the original

 

prescription. In a health facility or agency licensed under article

 

17 or other medical institution, an order for a drug or device in

 

the patient's chart constitutes for the purposes of this definition

 

the original prescription. Subject to section 17751(2),

 

prescription includes, but is not limited to, an order for a drug,

 

not including a controlled substance as defined in section 7104

 

except under circumstances described in section 17763(e), written

 

and signed or transmitted by facsimile, electronic transmission, or

 

other means of communication by a physician prescriber or dentist

 

prescriber licensed to practice dentistry, medicine, or osteopathic

 

medicine and surgery in a state other than Michigan.

 

     (4) "Prescription drug" means 1 or more of the following:

 

     (a) A drug dispensed pursuant to a prescription.

 

     (b) A drug bearing the federal legend "CAUTION: federal law

 

prohibits dispensing without prescription" or "Rx only".

 


     (c) A drug designated by the board as a drug that may only be

 

dispensed pursuant to a prescription.

 

     Sec. 17751. (1) A pharmacist shall not dispense a drug

 

requiring a prescription under the federal act or a law of this

 

state except under authority of an original prescription or an

 

equivalent record of an original prescription approved by the

 

board.

 

     (2) A pharmacist may dispense a prescription written and

 

signed or transmitted by facsimile, electronic transmission, or

 

other means of communication by a physician prescriber or dentist

 

prescriber in a state other than Michigan, but not including a

 

prescription for a controlled substance as defined in section 7104

 

except under circumstances described in section 17763(e), only if

 

the pharmacist in the exercise of his or her professional judgment

 

determines all of the following:

 

     (a) That the prescription was issued pursuant to an existing

 

physician-patient or dentist-patient relationship.

 

     (b) That the prescription is authentic.

 

     (c) That the prescribed drug is appropriate and necessary for

 

the treatment of an acute, chronic, or recurrent condition.

 

     (3) A pharmacist or a prescriber shall dispense a prescription

 

only if the prescription falls within the scope of practice of the

 

prescriber.

 

     (4) A pharmacist shall not knowingly dispense a prescription

 

after the death of the prescriber or patient.

 

     Sec. 17763. In addition to the grounds set forth in part 161,

 

the disciplinary subcommittee may fine, reprimand, or place a

 


pharmacist licensee on probation, or deny, limit, suspend, or

 

revoke the license of a pharmacist or order restitution or

 

community service for a violation or abetting in a violation of

 

this part or rules promulgated under this part, or for 1 or more of

 

the following grounds:

 

     (a) Permitting the dispensing of prescriptions by an

 

individual who is not a pharmacist, pharmacist intern, or

 

dispensing prescriber.

 

     (b) Permitting the dispensing of prescriptions by a pharmacist

 

intern, except in the presence and under the personal charge of a

 

pharmacist.

 

     (c) Selling at auction drugs in bulk or in open packages

 

unless the sale has been approved in accordance with rules of the

 

board.

 

     (d) Promoting a prescription drug to the public in any manner.

 

     (e) In addition to the prohibition contained in section

 

7405(1)(e), dispensing a prescription for a controlled substance as

 

defined in section 7104 that is written and signed or transmitted

 

by facsimile, electronic transmission, or other means of

 

communication by a physician prescriber or dentist prescriber in a

 

state other than Michigan, unless the prescription is issued by a

 

physician prescriber or dentist prescriber who is authorized under

 

the laws of that state to practice dentistry, medicine, or

 

osteopathic medicine and surgery and to prescribe controlled

 

substances.