CONTROLLED SUBSTANCE RX: DENTIST S.B. 213: COMMITTEE SUMMARY
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Senate Bill 213 (as introduced 3-2-11)
Sponsor: Senator Tom Casperson
Committee: Health Policy


Date Completed: 5-4-11

CONTENT The bill would amend the Public Health Code to include a prescription written by a dentist prescriber in a provision allowing a practitioner (e.g., a pharmacist) to dispense a controlled substance prescription written by an authorized prescriber in another state.

The Code prohibits a practitioner from dispensing 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 to practice in a state other than Michigan, unless the physician prescriber is authorized under that state's laws to practice medicine or osteopathic medicine and surgery and to prescribe controlled substances. The bill would include in this provision a prescription written by a dentist prescriber authorized to practice dentistry in another state.


The Code's definition of "prescription" includes an order for a drug written and signed or transmitted by facsimile, electronic transmission, or other means of communication by a physician prescriber licensed to practice in a state other than Michigan. The bill would refer to a physician prescriber or dentist prescriber licensed to practice dentistry, medicine, or osteopathic medicine and surgery in another state.


Under the Code, a pharmacist may dispense a prescription written by a physician prescriber in another state only if the pharmacist determines all of the following in the exercise of his or her professional judgment:

-- The prescription was issued pursuant to an existing physician-patient relationship.
-- The prescription is authentic.
-- The prescribed drug is appropriate and necessary for the treatment of an acute, chronic, or recurrent condition.


The bill would refer to a prescription issued pursuant to an existing physician-patient or dentist-patient relationship.


The Code prescribes grounds for which a disciplinary subcommittee may fine, reprimand, or place a pharmacist licensee on probation; or deny, limit, suspend, or revoke a pharmacist's license or order restitution or community service. The grounds include dispensing a prescription for a controlled substance written by a physician prescriber in another state, unless the physician prescriber is authorized under that state's laws to practice medicine or
osteopathic medicine and surgery, and to prescribe controlled substances. The bill also would refer to a dentist prescriber authorized to practice dentistry in another state.


MCL 333.7405 et al. Legislative Analyst: Julie Cassidy

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

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. sb213/1112