Bill Text: MI HB4161 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Health; pharmaceuticals; prohibition on dispensing a prescription for a controlled substance received via electronic means from a physician prescriber in a state other than Michigan; remove. Amends secs. 7405, 17708 & 17763 of 1978 PA 368 (MCL 333.7405 et seq.).
Spectrum: Slight Partisan Bill (Democrat 20-8)
Status: (Passed) 2009-12-01 - Assigned Pa 150'09 With Immediate Effect [HB4161 Detail]
Download: Michigan-2009-HB4161-Introduced.html
HOUSE BILL No. 4161
February 4, 2009, Introduced by Rep. LeBlanc and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 7405, 17708, 17751, and 17763 (MCL 333.7405,
333.17708, 333.17751, and 333.17763), as amended by 2006 PA 672.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7405. (1) A person:
(a) Who is licensed by the administrator under this article
shall not distribute, prescribe, or dispense a controlled substance
in violation of section 7333.
(b) Who is a licensee shall not manufacture a controlled
substance not authorized by his or her license or distribute,
prescribe, or dispense a controlled substance not authorized by his
or her license to another licensee or other authorized person,
except as authorized by rules promulgated by the administrator.
(c) Shall not refuse an entry into any premises for an
inspection authorized by this article.
(d) Shall not knowingly keep or maintain a store, shop,
warehouse, dwelling, building, vehicle, boat, aircraft, or other
structure or place, that is frequented by persons using controlled
substances in violation of this article for the purpose of using
controlled substances, or that is used for keeping or selling
controlled substances in violation of this article.
(e)
Who is a practitioner shall not dispense a prescription
for
a controlled substance written and signed or transmitted by
facsimile,
electronic transmission, or other means of communication
by
a physician prescriber licensed to practice 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.
(2) A person who violates subsection (1) is subject to the
penalties prescribed in section 7406.
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 facsimile, electronic transmission, or
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
electronically recorded, printed, 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(e), written
and signed or transmitted by facsimile, electronic transmission, or
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 facsimile, electronic transmission, or
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(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) Permitting the dispensing of prescriptions by an
individual who is not a pharmacist, pharmacist intern, or
dispensing prescriber.
(b) Permitting the dispensing of prescriptions by a pharmacist
intern, except in the presence and under the personal charge of a
pharmacist.
(c) Selling at auction drugs in bulk or in open packages
unless the sale has been approved in accordance with rules of the
board.
(d) Promoting a prescription drug to the public in any manner.
(e)
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
facsimile, electronic transmission, or other means of
communication
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.
