HOUSE BILL No. 6161


     September 22, 1998, Introduced by Reps. Brater, LaForge, Martinez, Schauer, Ciaramitaro, Anthony, Willard, Basham, DeHart, Bogardus, Parks and Jellema and referred to the Committee on Consumer Protection.


        A bill to amend 1978 PA 368, entitled

   "Public health code,"

   by amending section 17752 (MCL 333.17752).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 17752.  (1) A LICENSEE OR A DISPENSING PRESCRIBER SHALL

 2    PRESERVE A prescription  ,  or an equivalent record  thereof  OF

 3    THE PRESCRIPTION approved by the board  , shall be preserved by a

 4     licensee or dispensing prescriber  for not less than 5 years

 5    AFTER THE DATE THE PRESCRIPTION IS WRITTEN.

 6         (2) A prescription or AN equivalent record OF THE PRESCRIP-

 7    TION APPROVED BY THE BOARD on file in a pharmacy is not a public

 8    record.  EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (3), A PHAR-

 9    MACIST, PHARMACY EMPLOYEE, OR OTHER PERSON HAVING CUSTODY OF OR

10    ACCESS TO A PRESCRIPTION OR AN EQUIVALENT RECORD OF THE

11    PRESCRIPTION SHALL NOT DISCLOSE THE CONTENTS OF THE PRESCRIPTION


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 1    TO A MANUFACTURER, A DISTRIBUTOR, OR ANY OTHER PERSON WITHOUT THE

 2    WRITTEN, INFORMED CONSENT OF THE PATIENT FOR WHOM THE PRESCRIP-

 3    TION WAS ISSUED.

 4         (3) A PHARMACIST, PHARMACY EMPLOYEE, OR OTHER person having

 5    custody of or access to  prescriptions  A PRESCRIPTION OR AN

 6    EQUIVALENT RECORD OF THE PRESCRIPTION shall not disclose  their 

 7    ITS contents or provide  copies  A COPY OF THE PRESCRIPTION OR

 8    EQUIVALENT RECORD TO ANOTHER without the patient's authorization

 9    AS DESCRIBED IN SUBSECTION (2),  to any person  except  to  AS

10    FOLLOWS:

11         (a)  The  TO THE patient for whom the prescription was

12    issued, or another pharmacist acting on behalf of the patient.

13         (b)  The  TO THE authorized prescriber who issued the pre-

14    scription, or TO a licensed health professional who is currently

15    treating the patient.

16         (c)  An  TO AN agency or agent of government responsible for

17    the enforcement of laws relating to drugs and devices.

18         (d)  A  TO A person authorized by a court order.

19         (e)  A  TO A person engaged in research projects or studies

20    with protocols approved by the board.

21         (4) A PHARMACIST OR PHARMACY OR DISPENSING PRESCRIBER WHO

22    VIOLATES THIS SECTION IS SUBJECT TO SECTION 16221(G) AND TO THE

23    CORRESPONDING ADMINISTRATIVE SANCTIONS PRESCRIBED BY SECTION

24    16226.

25         (5)  (3) A pharmacist may refill a copy of a prescription

26    from another pharmacy if the original prescription has remaining





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 1    authorized refills, and the copy is issued according to the

 2    following procedure:

 3         (a) The pharmacist issuing a written or oral copy of a pre-

 4    scription shall cancel the original prescription and record the

 5    cancellation.  The record of cancellation shall include the date

 6    the copy was issued, to whom issued, and the identification of

 7    the pharmacist who issued the copy.

 8         (b) The written or oral copy issued shall be a duplicate of

 9    the original prescription except that it shall also include the

10    prescription number, the name of the pharmacy issuing the copy,

11    the date the copy was issued, and the number of authorized

12    refills remaining available to the patient.

13         (c) The pharmacist receiving a written or oral copy of the

14    prescription shall exercise reasonable diligence to determine

15    whether it is a valid copy, and having done so may treat the copy

16    as an original prescription.

17         (d) Except as described in this part, all other copies fur-

18    nished shall be used for  information  INFORMATIONAL OR REFERENCE

19    purposes only and clearly marked "for informational or reference

20    purposes only".

21         (6) A LICENSEE ENGAGED IN THE BUSINESS OF SELLING DRUGS AT

22    RETAIL SHALL GIVE NOTICE TO THE LICENSEE'S CUSTOMERS OF THE

23    REQUIREMENTS OF SUBSECTIONS (2) AND (3).  THE DEPARTMENT SHALL

24    DEVELOP AND DISTRIBUTE A POSTER THAT GIVES PUBLIC NOTICE OF THE

25    REQUIREMENTS OF SUBSECTIONS (2) AND (3), GIVING SPECIAL ATTENTION

26    TO THE PROHIBITION ON DISCLOSING PRESCRIPTION INFORMATION TO A

27    MANUFACTURER, DISTRIBUTOR, OR OTHER PERSON WITHOUT THE PATIENT'S



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 1    WRITTEN, INFORMED CONSENT.  THE DEPARTMENT SHALL CONFORM THE TYPE

 2    AND SIZE OF THE NOTICE TO THAT REQUIRED UNDER SECTIONS 17757 AND

 3    17757A.  THE DEPARTMENT SHALL DISTRIBUTE A COPY OF THE NOTICE TO

 4    EACH LICENSEE WHO IS SUBJECT TO THIS SUBSECTION.  A LICENSEE MAY

 5    DUPLICATE OR REPRODUCE THE NOTICE IF THE DUPLICATION OR REPRODUC-

 6    TION IS A TRUE COPY OF THE NOTICE DISTRIBUTED BY THE DEPARTMENT,

 7    WITH NO ADDITIONS OR DELETIONS.  A LICENSEE WHO IS SUBJECT TO

 8    THIS SUBSECTION SHALL CONSPICUOUSLY DISPLAY THE NOTICE DESCRIBED

 9    IN THIS SUBSECTION AT EACH COUNTER OVER WHICH PRESCRIPTION DRUGS

10    ARE DISPENSED.




































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