Senate Bill 47 (S-5) as passed by the Senate

Sponsor:  Sen. Dale Zorn

House Committee:  Health Policy

Senate Committee:  Health Policy

Complete to 9-17-17


Senate Bill 47 would amend the Public Health Code to expand upon reporting requirements under the Michigan automated prescription system (MAPS), as well as exceptions to those requirements.  (MCL 333.7333a)

Section 7333a of the Code requires the Department of Licensing and Regulatory Affairs (LARA) to establish by rule an electronic system for monitoring dispensation of schedules 2 to 5 controlled substances.  However, it currently provides that those rules exempt the following circumstances from reporting requirements:

·         The administration of a controlled substance directly to a patient.

·         The dispensing from a health facility licensed under Article 17 of a controlled substance by a dispensing prescriber in a quantity adequate to treat a patient for not more than 48 hours

The bill would reword those instances somewhat to distinguish the rules for hospitals from those for health facilities or agencies.  It would exempt dispensing of a controlled substance from reporting requirements to MAPS in the following instances:

·         A hospital that is licensed under Article 17 that administers the controlled substance to an inpatient.

·         A health facility or agency licensed under Article 17 if the controlled substance is dispensed by a dispensing prescriber in a quantity adequate to treat the patient for not more than 48 hours.

(The bill would also repeal Rule 62e of the Michigan Administrative Code, which uses similar language to that currently in Section 7333a to describe the exemptions from reporting requirement for pharmacists, dispensing prescribers, and veterinarians.)

Finally, the bill would require the prescriber to report certain data to MAPS if the prescriber dispenses buprenorphine, or a drug containing buprenorphine and methadone, in a substance use disorder program and the patient consents to have the information reported.  The dispensing prescriber must maintain this consent form and make it available to LARA upon LARA's request.


Senate Bill 47 would have no fiscal impact on any units of state or local government.

                                                                                        Legislative Analyst:   Jenny McInerney

                                                                                                Fiscal Analyst:   Marcus Coffin

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