May 13, 2009, Introduced by Reps. Segal, Corriveau, Johnson, Simpson, Melton, Haugh, Slavens, Young, Marleau, Mayes and Meadows and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding section 16280.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 16280. (1) Except as otherwise provided in this section,
beginning July 1, 2010, a prescriber shall electronically transmit
every prescription for a prescription drug written in this state in
a manner that complies with the electronic prescription drug
program established for prescribers under the medicare improvements
for patients and providers act of 2008, Public Law 110-275. A
prescriber shall offer the patient a written receipt of the
information transmitted electronically to the pharmacy. The receipt
shall include the patient's name, the dosage and drug prescribed,
and the name of the pharmacy where the electronic prescription was
sent and shall indicate that the receipt cannot be used as a
duplicate order for the same prescription drug. Nothing in this
section interferes with the right of a patient to choose a pharmacy
or with the prescribing decision at the point of care. If the
pharmacy to be used by the patient for whom the prescription is
written is not able to receive electronically transmitted
prescriptions as provided in this subsection, the prescriber shall
write the prescription utilizing electronic prescription technology
and do 1 of the following as directed by the patient:
(a) Print or otherwise provide the patient with a paper copy
of the electronic prescription.
(b) Transmit the electronic prescription to the pharmacy by
facsimile or other means of electronic transmission, if that
transmission is otherwise allowed under this act.
(2) Nothing in this section diminishes or modifies any
requirements or protections provided for in the prescription of
controlled substances as otherwise established by this act. A
prescriber and a pharmacy shall comply with applicable state and
federal confidentiality and data security requirements and
applicable state record retention and reporting requirements with
regard to electronically transmitted prescriptions under this
section.
(3) A prescriber who violates this section is subject to the
following:
(a) For his or her first offense, the department shall require
his or her attendance at a mandatory education program or course
established by the department in the electronic transmission of
prescriptions as required under this section.
(b) For his or her second offense, the department shall
require the prescriber to submit a report explaining the reasons he
or she is unable to fully comply with the requirement to
electronically transmit prescriptions as required in this section.
The prescriber shall submit the information required under this
subdivision in the time period established by, and in the format
required by, the department.
(c) For his or her third offense, the department shall require
the prescriber to pay an administrative fine of $100.00.
(d) For his or her fourth offense, the department shall
require the prescriber to pay an administrative fine of $200.00.
(e) For his or her fifth or subsequent offense, the prescriber
is subject to the administrative penalties prescribed in sections
16221 and 16226.
(4) Beginning with the first full relicensure period after the
effective date of this section, a board that requires evidence of
attendance at educational programs as a condition to license
issuance or renewal for a prescriber under this article shall
require each applicant for licensure or license renewal to complete
as part of the educational programs required an appropriate number
of hours or courses in the electronic transmission of prescriptions
as required under this section.
(5) As used in this section:
(a) "Controlled substance" means that term as defined in
section 7104.
(b) "Prescriber" means that term as defined in section 17708,
other than a licensed veterinarian.
(c) "Prescription" means that term as defined in section
17708.
(d) "Prescription drug" means that term as defined in section
17708.