HOUSE BILL NO. 5926
June 25, 2020, Introduced by Reps. Shannon,
Tyrone Carter, Kennedy, Tate, Brenda Carter, Hood and Haadsma and referred
to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 17757 (MCL 333.17757), as amended by 2016 PA 383.
the people of the state of michigan enact:
1
2
3
4
Sec. 17757. (1) Upon On receipt of a
request made in person or by telephone, a pharmacist engaged in the business of
selling drugs at retail shall provide the current selling price of a drug
dispensed by that pharmacy or comparative current selling prices of
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
generic
and brand name drugs dispensed by that pharmacy. The information must be
provided to the person making the request before a drug is dispensed to the
person. A person that makes a request for price information under this
subsection is not obligated to purchase the drug for which the price or
comparative prices are requested.
(2) A pharmacist engaged
in the business of selling drugs at retail shall conspicuously display the
notice described in subsection (3) at each counter over which prescription
drugs are dispensed.
(3) The notice required
under subsection (2) must be in substantially the following form:
|
ABOUT PRESCRIPTION DRUGS |
Under Michigan law, you
have the right to find out the price of a prescription drug before the
pharmacist fills the prescription. You are under no obligation to have the
prescription filled here and may use this price information to shop around at
other pharmacies. You may request price information in person or by telephone.
Every pharmacy has the
current selling prices of both generic and brand name drugs dispensed by the
pharmacy.
Ask your pharmacist if a
lower-cost generic drug is available to fill your prescription. A generic drug
contains the same medicine as a brand name drug and is a suitable substitute in
most instances.
A generic drug may not be
dispensed by your pharmacist if your doctor has written "dispense as
written" or the initials "d.a.w." on the prescription.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
If you have questions
about the drugs that have been prescribed for you, ask your doctor or
pharmacist for more information.
To avoid dangerous drug
interactions, let your doctor and pharmacist know about any other medications
you are taking. This is especially important if you have more than 1 doctor or
have prescriptions filled at more than 1 pharmacy.
(4) The notice required
under subsection (2) must also contain the address and phone number of the
board and the department. The text of the notice must be in at least 32-point
bold type and must be printed on paper at least 11 inches by 17 inches in size.
The notice may be printed on multiple pages.
(5) The department shall
provide a copy of the notice required under subsection (2) to each licensee.
The department shall provide additional copies if needed. A person may
duplicate or reproduce the notice if the duplication or reproduction is a true
copy of the notice as produced by the department, without any additions or
deletions.
(6) The pharmacist shall
furnish to the purchaser of a prescription drug at the time the drug is
delivered to the purchaser a receipt evidencing the transactions that contains
all of the following:
(a) The brand name of the
drug, if applicable.
(b) The name of the
manufacturer or the supplier of the drug, if the drug does not have a brand
name.
(c) The strength of the
drug, if significant.
(d) The quantity
dispensed, if applicable.
(e) The name and address
of the pharmacy.
(f) The serial number of
the prescription or a reference to
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
the
standing order issued under section 17744e.
(g) The date the
prescription was originally dispensed.
(h) The name of the
prescriber or, if prescribed under the prescriber's delegatory authority, the
name of the delegatee.
(i) Except as otherwise
authorized under section 5110, 17744a, 17744b, or 17744e, the name of the
patient for whom the drug was prescribed.
(j) The price for which
the drug was sold to the purchaser.
(k)
The telephone number for each of the following:
(i) The national helpline from the
Substance Abuse and Mental Health Services Administration of the United States
Department of Health and Human Services.
(ii) A suicide prevention hotline.
(iii) Alcoholics Anonymous.
(iv) The poison helpline from the
American Association of Poison Control Centers.
(7) The items required
under subsection (6)(a), (b), and (c) may be omitted from a receipt by a
pharmacist only if the omission is expressly required by the prescriber. The
pharmacist shall retain a copy of each receipt furnished under subsection (6)
for 90 days. The inclusion of the items required under subsection (6) on the
prescription container label is a valid receipt to the purchaser. Including Except for the information required under subsection
(6)(k), including the items required under subsection (6) on the
written prescription form and retaining the form constitutes retention of a
copy of the receipt.
(8) The department, in consultation with the board, may promulgate rules to implement this section.