Act No. 190
Public Acts of 1999
Approved by the Governor
November 24, 1999
Filed with the Secretary of State
November 24, 1999
EFFECTIVE DATE: November 24, 1999
STATE OF MICHIGAN
90TH LEGISLATURE
REGULAR SESSION OF 1999
Introduced by Senator Murphy
ENROLLED SENATE BILL No. 436
AN ACT to amend 1978 PA 368, entitled "An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates," by amending section 17745a (MCL 333.17745a), as added by 1993 PA 305.
The People of the State of Michigan enact:
Sec. 17745a. (1) As used in this section:
(a) "Medicaid" means the program of medical assistance established under title XIX of the social security act, chapter 531, 49 Stat. 620, 42 U.S.C. 1396 to 1396f, 1396g-1 to 1396r-6, and 1396r-8 to 1396v.
(b) "Medicare" means the federal medicare program established under title XVIII of the social security act, chapter 531, 49 Stat. 620, 42 U.S.C. 1395 to 1395b, 1395b-2, 1395b-6 to 1395b-7, 1395c to 1395i, 1395i-2 to 1395i-5, 1395j to 1395t, 1395u to 1395w, 1395w-2 to 1395w-4, 1395w-21 to 1395w-28, 1395x to 1395yy, and 1395bbb to 1395ggg.
(c) "Public health program" means 1 of the following:
(i) A local health department.
(ii) A migrant health center or a community health center as defined under sections 329 and 330 of subpart I of part C of title III of the public health service act, 42 U.S.C. 254b and 254c.
(iii) A family planning program designated by the family independence agency as a provider type 23 under the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, and verified by the department of community health.
(iv) A methadone treatment program licensed under article 6.
(v) A rural health clinic.
(vi) A hospice rendering emergency care services in a patient's home as described in section 17746.
(d) "Rural health clinic" means a rural health clinic as defined in section 1861 of part C of title XVIII of the social security act, 42 U.S.C. 1395x, that is certified to participate in medicaid and medicare.
(2) Except as otherwise provided in subsections (3) and (4), in a public health program without an on-site pharmacy, a dispensing prescriber may delegate the dispensing of prescription drugs only to the following individuals:
(a) A registered professional nurse licensed under part 172.
(b) A physician's assistant licensed under part 170 or part 175, if the delegating dispensing prescriber is responsible for the clinical supervision of the physician's assistant.
(3) In a public health program without an on-site pharmacy, a dispensing prescriber may delegate the delivery of prescription drugs consisting only of prelabeled, prepackaged oral contraceptives under the following circumstances:
(a) The delivery is delegated to an appropriately trained individual.
(b) The delivery is performed pursuant to specific, written protocols.
(4) In a methadone treatment program licensed under article 6 without an on-site pharmacy, a dispensing prescriber may delegate the delivery of a prescription drug consisting only of 1 or more single doses of methadone, up to the maximum number of single doses allowed by law, to a registered client of the methadone treatment program, if all of the following requirements are met:
(a) The delivery is delegated to 1 of the following individuals:
(i) A registered professional nurse or a licensed practical nurse licensed under part 172.
(ii) A physician's assistant licensed under part 170 or part 175, but only if the delegating dispensing prescriber is responsible for the clinical supervision of the physician's assistant.
(b) The delivery is performed pursuant to specific, written protocols.
(c) The prescription drug described in this subsection is labeled in accordance with section 17745.
This act is ordered to take immediate effect.
Secretary of the Senate.
Clerk of the House of Representatives.
Approved
Governor.