SENATE BILL No. 320

 

 

May 7, 2015, Introduced by Senators KOWALL, SHIRKEY, HERTEL, MACGREGOR, MARLEAU and EMMONS and referred to the Committee on Health Policy.

 

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending sections 17210 and 17708 (MCL 333.17210 and 333.17708),

 

section 17708 as amended by 2012 PA 209.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 17210. (1) The board of nursing may issue a specialty

 

certification to a registered professional nurse who has advanced

 

training beyond that required for initial licensure and who has

 

demonstrated competency through examination or other evaluative

 

processes and who practices in 1 of the following health profession

 

specialty fields: field of nurse midwifery, nurse anesthetist, or

 

nurse practitioner.

 

     (2) All of the following apply to a registered professional

 

nurse who holds a specialty certification as a nurse anesthetist:

 

     (a) In addition to performing duties within the scope of the


 

practice of nursing, he or she may provide any of the following

 

anesthesia and analgesia services:

 

     (i) Development of a plan of care.

 

     (ii) Performance of all patient assessments, procedures, and

 

monitoring to implement the plan of care or to address patient

 

emergencies that arise during implementation of the plan of care.

 

     (iii) Selection, ordering, or prescribing and the administration

 

of anesthesia and analgesic agents, including pharmacological

 

agents that are prescription drugs as defined in section 17708 or

 

controlled substances as defined in section 7104.

 

     (b) The anesthesia and analgesia services described in

 

subdivision (a) may be performed in a health facility or agency

 

licensed under article 17 or other medical setting.

 

     (c) The anesthesia and analgesia services described in

 

subdivision (a) may be performed for operative, obstetrical,

 

interventional, or diagnostic purposes, but only during the pre-,

 

intra-, and post-operative obstetrical, interventional, or

 

diagnostic service period.

 

     (d) The anesthesia and analgesia services described in

 

subdivision (a) do not include chronic pain management services.

 

However, he or she may perform chronic pain management services

 

under delegation pursuant to section 16215.

 

     Sec. 17708. (1) "Preceptor" means a pharmacist who is approved

 

by the board to direct the training of an intern in an approved

 

pharmacy.

 

     (2) "Prescriber" means a any of the following:

 

     (a) A licensed dentist. , a


 

     (b) A licensed doctor of medicine. , a

 

     (c) A licensed doctor of osteopathic medicine and surgery. , a

 

     (d) A licensed doctor of podiatric medicine and surgery. , a

 

     (e) A licensed optometrist certified under part 174 to

 

administer and prescribe therapeutic pharmaceutical agents. , a

 

     (f) A licensed veterinarian. , or another

 

     (g) A registered professional nurse who holds a specialty

 

certification as a nurse anesthetist under section 17210 when he or

 

she is engaging in the practice of nursing and providing the

 

anesthesia and analgesia services described in section 17210(2).

 

     (h) Any other licensed health professional acting under the

 

delegation and using, recording, or otherwise indicating the name

 

of the delegating licensed doctor of medicine or licensed doctor of

 

osteopathic medicine and surgery.

 

     (3) "Prescription" means an order by a prescriber to fill,

 

compound, or dispense a drug or device written and signed; written

 

or created in an electronic format, signed, and transmitted by

 

facsimile; or transmitted electronically or by other means of

 

communication. An order transmitted in other than written or hard-

 

copy form shall be electronically recorded, printed, or written and

 

immediately dated by the pharmacist, and that record constitutes

 

the original prescription. In a health facility or agency licensed

 

under article 17 or other medical institution, an order for a drug

 

or device in the patient's chart constitutes for the purposes of

 

this definition the original prescription. Subject to section

 

17751(2) and (5), prescription includes, but is not limited to, an

 

order for a drug, not including a controlled substance as defined


 

in section 7104 except under circumstances described in section

 

17763(e), written and signed; written or created in an electronic

 

format, signed, and transmitted by facsimile; or transmitted

 

electronically or by other means of communication by a physician

 

prescriber or dentist prescriber licensed to practice dentistry,

 

medicine, or osteopathic medicine and surgery in a state other than

 

Michigan.this state.

 

     (4) "Prescription drug" means 1 or more of the following:

 

     (a) A drug dispensed pursuant to a prescription.

 

     (b) A drug bearing the federal legend "CAUTION: federal law

 

prohibits dispensing without prescription" or "Rx only".

 

     (c) A drug designated by the board as a drug that may only be

 

dispensed pursuant to a prescription.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.