February 2, 2005, Introduced by Senators BERNERO, PRUSI, JACOBS, BARCIA, JELINEK, HAMMERSTROM, PATTERSON, BROWN, HARDIMAN, SWITALSKI, OLSHOVE, SCHAUER, GEORGE, BRATER and EMERSON and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 17708, 17751, and 17763 (MCL 333.17708,
333.17751, and 333.17763), sections 17708 and 17751 as amended by
1997 PA 153 and section 17763 as amended by 2004 PA 536.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 17708. (1) "Preceptor" means a pharmacist approved by the
board to direct the training of an intern in an approved pharmacy.
(2) "Prescriber" means a licensed dentist, a licensed doctor
of medicine, a licensed doctor of osteopathic medicine and surgery,
a licensed doctor of podiatric medicine and surgery, a licensed
optometrist certified under part 174 to administer and prescribe
therapeutic pharmaceutical agents, a licensed veterinarian, or
another licensed health professional acting under the delegation
and using, recording, or otherwise indicating the name of the
delegating licensed doctor of medicine or licensed doctor of
osteopathic medicine and surgery.
(3) "Prescription" means an order for a drug or device written
and signed or transmitted by other means of communication by a
prescriber to be filled, compounded, or dispensed. Prescribing is
limited to a prescriber. An order transmitted in other than written
form shall be recorded or written and immediately dated by the
pharmacist, and that record constitutes the original prescription.
In a health facility or agency licensed under article 17 or other
medical institution, an order for a drug or device in the patient's
chart constitutes for the purposes of this definition the original
prescription. Subject to section 17751(2), prescription includes,
but is not limited to, an order for a drug, not including a
controlled substance as defined in section 7104 except under
circumstances
described in section 17763(g) 17763(e), written and
signed or transmitted by other means of communication by a
physician prescriber licensed to practice in a state other than
Michigan.
(4) "Prescription drug" means 1 or more of the following:
(a) A drug dispensed pursuant to a prescription.
(b) A drug bearing the federal legend "CAUTION: federal law
prohibits dispensing without prescription".
(c) A drug designated by the board as a drug that may only be
dispensed pursuant to a prescription.
Sec. 17751. (1) A pharmacist shall not dispense a drug
requiring a prescription under the federal act or a law of this
state except under authority of an original prescription or an
equivalent record of an original prescription approved by the
board.
(2) A pharmacist may dispense a prescription written and
signed or transmitted by other means of communication by a
physician prescriber in a state other than Michigan, but not
including a prescription for a controlled substance as defined in
section
7104 except under circumstances described in section
17763(g)
17763(e), only if the
pharmacist in the exercise of his
or her professional judgment determines all of the following:
(a) That the prescription was issued pursuant to an existing
physician-patient relationship.
(b) That the prescription is authentic.
(c) That the prescribed drug is appropriate and necessary for
the treatment of an acute, chronic, or recurrent condition.
(3) A pharmacist or a prescriber shall dispense a prescription
only if the prescription falls within the scope of practice of the
prescriber.
(4) A pharmacist shall not knowingly dispense a prescription
after the death of the prescriber or patient.
Sec. 17763. In addition to the grounds set forth in part 161,
the disciplinary subcommittee may fine, reprimand, or place a
pharmacist licensee on probation, or deny, limit, suspend, or
revoke the license of a pharmacist or order restitution or
community service for a violation or abetting in a violation of
this part or rules promulgated under this part, or for 1 or more of
the following grounds:
(a)
Employing the mail to sell, distribute, or deliver a drug
that
requires a prescription when the prescription for the drug is
received
by mail.
(a) (b)
Permitting the dispensing of prescriptions by an
individual who is not a pharmacist, pharmacist intern, or
dispensing prescriber.
(b) (c)
Permitting the dispensing of prescriptions by a
pharmacist intern, except in the presence and under the personal
charge of a pharmacist.
(c) (d)
Selling at auction drugs in bulk or in open packages
unless the sale has been approved in accordance with rules of the
board.
(d) (e)
Promoting a prescription drug to the public in any
manner.
(e) (f)
In addition to the prohibition contained in section
7405(1)(e), dispensing a prescription for a controlled substance as
defined in section 7104 that is written and signed or transmitted
by a physician prescriber in a state other than Michigan, unless
the prescription is issued by a physician prescriber who resides
adjacent to the land border between this state and an adjoining
state or resides in Illinois or Minnesota and who is authorized
under the laws of that state to practice medicine or osteopathic
medicine and surgery and to prescribe controlled substances and
whose practice may extend into this state, but who does not
maintain an office or designate a place to meet patients or receive
calls in this state.