ALLOW PHARMACISTS TO FILL CONTROLLED SUBSTANCE RX BY OUT-OF-STATE DENTIST

Senate Bill 213

Sponsor:  Sen. Tom Casperson

House Committee:  Health Policy

Senate Committee:  Health Policy

Complete to 6-20-11

A SUMMARY OF SENATE BILL 213 AS PASSED BY THE SENATE 5-12-11

The bill would allow a Michigan pharmacist to fill a prescription for a controlled substance if the prescription was written by a dentist prescriber licensed in another state and authorized to prescribe controlled substances, in the same manner currently allowed for prescriptions issued by licensed physicians from other states.

Currently, the Public Health Code allows a pharmacist to fill a prescription issued by a licensed physician (M.D. or D.O.) from a state other than Michigan under certain conditions.   Prescriptions for a controlled substance may also be filled if issued by a physician prescriber licensed under the laws of his or her home state to practice medicine or osteopathic medicine and surgery and to prescribe controlled substances.  The provisions apply to prescriptions written and signed, or transmitted by facsimile, electronic transmission, or other means of communication.  A pharmacist who violates these provisions is subject to fines and license sanctions.

Senate Bill 213 would amend the Public Health Code (MCL 333.7405 et al.) to apply the above provisions also to prescriptions for controlled substances and noncontrolled substances issued by dentists licensed in another state.  Similarly, the definition of "prescription" would be revised to include prescriptions issued by a dentist prescriber licensed in a state other than Michigan.

FISCAL IMPACT:

The bill would have no fiscal implications for state or local units of government.

                                                                                           Legislative Analyst:   Susan Stutzky

                                                                                                  Fiscal Analyst:   Mark Wolf

This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.