Bill Text: MI HB5510 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Health occupations; pharmacists; disclosure of an individual's mental illness by a pharmacist; prohibit. Amends sec. 17752 of 1978 PA 368 (MCL 333.17752).

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-03-24 - Bill Electronically Reproduced 03/23/2016 [HB5510 Detail]

Download: Michigan-2015-HB5510-Introduced.html

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HOUSE BILL No. 5510

March 23, 2016, Introduced by Reps. Kosowski and Lucido and referred to the Committee on Health Policy.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 17752 (MCL 333.17752), as amended by 2005 PA

 

73.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 17752. (1) A prescription, or an equivalent record of the

 

prescription approved by the board, shall be preserved by a

 

licensee or dispensing prescriber for not less than 5 years.

 

     (2) A prescription or equivalent record on file in a pharmacy

 

is not a public record. A person having custody of or access to

 

prescriptions shall not disclose their contents or provide copies

 

without the patient's authorization, to any person except to any of

 

the following:

 

     (a) The patient for whom the prescription was issued, or

 

another pharmacist acting on behalf of the patient.

 

     (b) The authorized prescriber who issued the prescription, or

 

a licensed health professional who is currently treating the

 

patient.

 

     (c) An agency or agent of government responsible for the

 

enforcement of laws relating to drugs and devices.

 

     (d) A person authorized by a court order.

 

     (e) A person engaged in research projects or studies with

 

protocols approved by the board.

 

     (3) A pharmacist who dispenses a prescription drug for a

 

patient who has a mental illness shall not disclose the fact that

 

the patient has a mental illness to any person. As used in this

 

subsection, "mental illness" means that term as defined in section

 

400 of the mental health code, 1974 PA 258, MCL 330.1400.

 

     (4) (3) A pharmacist may refill a copy of a prescription from

 

another pharmacy if the original prescription has remaining

 

authorized refills, and the copy is issued according to the

 

following procedure:

 

     (a) The pharmacist issuing a written or oral copy of a

 

prescription shall cancel the original prescription and record the

 

cancellation. The record of cancellation shall must include the

 

date the copy was issued, to whom the copy was issued, and the

 

identification of the pharmacist who issued the copy.

 

     (b) The written or oral copy issued shall must be a duplicate

 

of the original prescription except that it shall must also include

 

the prescription number, the name of the pharmacy issuing the copy,

 

the date the copy was issued, and the number of authorized refills

 

remaining available to the patient.

 

     (c) The pharmacist receiving a written or oral copy of the

 

prescription shall exercise reasonable diligence to determine

 

whether it is a valid copy, and having done so may treat the copy

 

as an original prescription.

 

     (d) Except as described in this part, all other copies

 

furnished shall must be used for information purposes only and

 

clearly marked "for informational or reference purposes only".

 

     (5) (4) Subsection (3) (4) does not apply to pharmacies that

 

share a real-time, on-line database or other equivalent means of

 

communication or to pharmacies that transfer prescriptions pursuant

 

to a written contract for centralized prescription processing

 

services as provided under section 17753.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.