June 23, 2011, Introduced by Reps. Brown, Slavens, Darany, Ananich, Hovey-Wright, Meadows, Townsend, Haugh, Lindberg, Smiley, Talabi, Rutledge, Segal, Hobbs, Hammel, Irwin, Liss, Barnett, McCann, Lipton, Bauer, Stapleton, Melton and Byrum 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 17744.




     Sec. 17744. (1) Except as otherwise provided in this section,


a pharmacy shall deliver lawfully prescribed drugs or devices to


patients and shall distribute drugs and devices approved by the


United States food and drug administration for restricted


distribution by pharmacies, or provide a therapeutically equivalent


drug or device in a timely manner consistent with reasonable


expectations for filling the prescription. Subject to subsection


(3), a pharmacy is not required to comply with this subsection in


any of the following or substantially similar circumstances:


     (a) The prescription contains an obvious or known error,


inadequacy in the instructions, or known contraindications or is an


incompatible prescription.


     (b) A national or state emergency exists or guidelines have


been issued affecting availability, usage, or supplies of drugs or




     (c) The pharmacy lacks specialized equipment or expertise


needed to safely produce, store, or dispense drugs or devices, such


as certain drug compounding or storage for nuclear medicine.


     (d) The prescription is potentially fraudulent.


     (e) Despite good-faith compliance, the drug or device is




     (2) Nothing in this section requires pharmacies to deliver a


drug or device without payment of their usual and customary or


contracted charge.


     (3) If, despite good-faith compliance, the lawfully prescribed


drug or device is not in stock or the prescription cannot be filled


under subsection (1)(a), the pharmacy shall provide the patient or


his or her agent a timely alternative for appropriate therapy that,


consistent with customary pharmacy practice, may include obtaining


the drug or device. Alternatives that a pharmacy may use under this


subsection include, but are not limited to, any of the following:


     (a) Contacting the prescriber to address concerns such as


those identified in subsection (1)(a) or to obtain authorization to


provide a therapeutically equivalent product.


     (b) If requested by the patient or his or her agent, returning


unfilled lawful prescriptions to the patient or agent.


     (c) If requested by the patient or his or her agent,


communicating or transmitting, as permitted by law, the original


prescription information to a pharmacy of the patient's choice that


is able to fill the prescription in a timely manner.


     (d) Offering to locate a pharmacy that is reasonably


accessible to the patient or agent and that has the drug or device


in stock.


     (4) A pharmacy that engages in or permits any of the following


violates this section and is subject to discipline or other


enforcement actions under this act:


     (a) Destruction of unfilled lawful prescriptions.


     (b) Refusal to return unfilled lawful prescriptions.


     (c) Violation of a patient's privacy.


     (d) Discrimination against patients or their agents in a


manner prohibited by state or federal laws.


     (e) Failure on a persistent basis to have pregnancy prevention


drugs or devices approved by the United States food and drug


administration available for delivery.


     (5) A person who believes that a violation of this section has


occurred may report the violation to the department. The department


shall investigate each complaint received and shall notify the


complainant in writing of the results of a review or investigation


of the complaint and any action proposed to be taken.