SENATE BILL No. 146

 

 

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.