4161: FLOOR SUMMARY (Date Completed: 9-17-09) - OUT-OF-STATE CONTROLLED SUBSTANCE RX

OUT-OF-STATE CONTROLLED SUBSTANCE RX H.B. 4161 (H-1): FLOOR SUMMARY
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House Bill 4161 (Substitute H-1 as reported without amendment)
Sponsor: Representative Richard LeBlanc
House Committee: Health Policy
Senate Committee: Health Policy

CONTENT
The bill would amend the Public Health Code to eliminate a prohibition against the dispensing of prescriptions for controlled substances written by a physician in another state, as well as a provision authorizing administrative sanctions for a violation; and include in the definition of "prescription drug" a drug bearing the Federal legend "Rx only".

Currently, a practitioner may 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 licensed in another state, unless the prescription is issued by a physician prescriber who resides adjacent to the land border between Michigan and an adjoining state or resides in Illinois or Minnesota and 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 Michigan, but who does not maintain an office or designate a place to meet patients or receive calls in Michigan. A violation of this provision is grounds for administrative sanctions.

Under the bill, a practitioner could not dispense a prescription for a controlled substance written by a physician prescriber licensed in another state, and a pharmacist who did so would be subject to sanctions, unless the physician prescriber were authorized under the other state's laws to practice medicine or osteopathic medicine and surgery and to prescribe controlled substances.

MCL 333.7405 et al. Legislative Analyst: Julie Cassidy

FISCAL IMPACT
The bill would have no fiscal impact on State or local government.

Date Completed: 9-17-09 Fiscal Analyst: Steve Angelotti

Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. hb4161/0910