SB-0166, As Passed Senate, June 22, 2017

 

 

 

 

 

 

 

 

 

 

 

 

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 January 1, 2020, before prescribing or

 

dispensing a controlled substance to a patient, a licensed

 

prescriber shall obtain and review a report concerning that patient

 

from the department's electronic system for monitoring schedule 2,

 

3, 4, or 5 controlled substances established under section 7333a.

 

This subsection does not apply if the dispensing occurs in a

 

hospital licensed under article 17 and the controlled substance is

 

for the patient's inpatient use.

 

     (4) (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.

 

     (5) (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.