March 23, 2017, Introduced by Senators BIEDA, SHIRKEY, GREGORY, ROCCA, CONYERS, HERTEL, ANANICH, KNOLLENBERG, NOFS, SCHUITMAKER, HOOD and KOWALL and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 7303a (MCL 333.7303a), as amended by 2016 PA
379, and by adding section 16203.
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) Except as otherwise provided in rules promulgated under
section 16203, beginning March 31, 2018, a licensed prescriber
shall not prescribe a controlled substance listed in schedules 2 to
5 unless the prescriber is in a bona fide prescriber-patient
relationship with the patient for whom the controlled substance is
Before prescribing or dispensing a
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.
A licensed prescriber who dispenses
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
(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.
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.
(6) As used in this section, "bona fide prescriber-patient
relationship" means a treatment or counseling relationship between
a prescriber and a patient in which all of the following are
(a) The prescriber has reviewed the patient's relevant medical
or clinical records and completed a full assessment of the
patient's medical history and current medical condition, including
a relevant, in-person, medical evaluation of the patient.
(b) The prescriber has created and maintained records of the
patient's condition in accordance with medically accepted
(c) The prescriber has a reasonable expectation that he or she
will provide follow-up care to the patient to monitor the efficacy
of the use of a controlled substance as a treatment of the
patient's medical condition.
(d) If the patient has given permission to the prescriber, the
prescriber has notified the patient's primary care physician, if
any, of the patient's medical condition.
Sec. 16203. By 1 year after the effective date of the
amendatory act that added this section, the department in
consultation with the Michigan board of medicine, the Michigan
board of osteopathic medicine and surgery, the Michigan board of
dentistry, the Michigan board of podiatric medicine and surgery,
the Michigan board of optometry, and the Michigan task force on
physician's assistants, shall promulgate rules describing the
circumstances under which a bona fide prescriber-patient
relationship is not required for purposes of prescribing a schedule
2 to 5 controlled substance under section 7303a(2). The rules must
include an alternative requirement for prescribing a schedule 2 to
5 controlled substance when a bona fide prescriber-patient
relationship is not required by the rules promulgated under this
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.