May 28, 2008, Introduced by Senators CHERRY, SCHAUER, JACOBS, SWITALSKI, CLARKE, CLARK-COLEMAN, WHITMER, PRUSI, BRATER, SCOTT and THOMAS and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 17751 and 17763 (MCL 333.17751 and 333.17763),
as amended by 2006 PA 672.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 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 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.
(5) A pharmacist shall not refuse to dispense or transfer a
prescription based solely on his or her ethical, moral, or
religious beliefs.
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 in a state other than
Michigan, unless the prescription is issued by a physician
prescriber who resides adjacent to the land border between this
state and an adjoining state or resides in Illinois or Minnesota
and who is authorized under the laws of that state to practice
medicine or osteopathic medicine and surgery and to prescribe
controlled substances and whose practice may extend into this
state, but who does not maintain an office or designate a place to
meet patients or receive calls in this state.
(f) Refusing to dispense or transfer a prescription based
solely on his or her ethical, moral, or religious beliefs.