SB-0166, As Passed House, December 13, 2017

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 166

     A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending section 7303a (MCL 333.7303a), as amended by 2016 PA

379.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 7303a. (1) A prescriber who holds a controlled substances

license may administer or dispense a controlled substance listed in

schedules 2 to 5 without a separate controlled substances license

for those activities.

     (2) Before prescribing or dispensing a controlled substance to

a patient, a licensed prescriber shall ask the patient about other

controlled substances the patient may be using. The prescriber

shall record the patient's response in the patient's medical or

clinical record.

     (3) Beginning June 1, 2018, before prescribing or dispensing

to a patient a controlled substance in a quantity that exceeds a 3-

day supply, a licensed prescriber shall obtain and review a report

concerning that patient from the electronic system for monitoring

schedule 2, 3, 4, and 5 controlled substances established under

section 7333a. This subsection does not apply under any of the

following circumstances:

     (a) If the dispensing occurs in a hospital or freestanding

surgical outpatient facility licensed under article 17 and the

controlled substance is administered to the patient in that

hospital or facility.

     (b) If the patient is an animal as that term is defined in

section 18802, the dispensing occurs in a veterinary hospital or

clinic, and the controlled substance is administered to the animal

in that hospital or clinic.

     (c) If the controlled substance is prescribed by a licensed

prescriber who is a veterinarian and the controlled substance will

be dispensed by a pharmacist.

     (4) Beginning June 1, 2018, before prescribing or dispensing a

controlled substance to a patient, a licensed prescriber shall

register with the electronic system for monitoring schedule 2, 3,

4, and 5 controlled substances established under section 7333a.

(5) (3) A licensed prescriber who dispenses controlled

substances shall maintain all of the following records separately

from other prescription records:

     (a) All invoices and other acquisition records for each

controlled substance acquired by the prescriber for not less than 5

years after the date the prescriber acquires the controlled

substance.

     (b) A log of all controlled substances dispensed by the

prescriber for not less than 5 years after the date the controlled

substance is dispensed.

     (c) Records of all other dispositions of controlled substances

under the licensee's control for not less than 5 years after the

date of the disposition.

(6) (4) The requirement under section 7303 for a license is

waived in the following circumstances:

     (a) When a controlled substance listed in schedules 2 to 5 is

administered on the order of a licensed prescriber by an individual

who is licensed under article 15 as a practical nurse or a

registered professional nurse.

     (b) When methadone or a methadone congener is dispensed on the

order of a licensed prescriber in a methadone treatment program

licensed under article 6 or when a controlled substance listed in

schedules 2 to 5 is dispensed on the order of a licensed prescriber

in a hospice rendering emergency care services in a patient's home

as described in section 17746 by a registered professional nurse

licensed under article 15.

     Enacting section 1. This amendatory act does not take effect

unless Senate Bill No. 167 of the 99th Legislature is enacted into

law.