HOUSE BILL No. 4619


     April 15, 1997, Introduced by Reps. Gire, Law, Freeman, Hanley, Martinez, Bobier, Bogardus and Dobronski and referred to the Committee on Health Policy.


        A bill to amend 1978 PA 368, entitled

   "Public health code,"

   by amending section 17745 (MCL 333.17745), as amended by 1996 PA

   355.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 17745.  (1) Except as otherwise provided in this sub-

 2    section, a prescriber who wishes to dispense prescription drugs

 3    shall obtain from the board a drug control license for each loca-

 4    tion in which the storage and dispensing of prescription drugs

 5    occur.  A drug control license is not necessary if the dispensing

 6    occurs in the emergency department, emergency room, or trauma

 7    center of a hospital licensed under article 17 or if the dispens-

 8    ing involves only the issuance of complimentary starter dose

 9    drugs.




   00158'97                                                 CPD
                                              2

 1         (2) A dispensing prescriber shall dispense prescription

 2    drugs only to his or her own patients.

 3         (3) A dispensing prescriber shall include in a patient's

 4    chart or clinical record a complete record, including prescrip-

 5    tion drug names, dosages, and quantities, of all prescription

 6    drugs dispensed directly by the dispensing prescriber or indi-

 7    rectly under his or her delegatory authority.  If prescription

 8    drugs are dispensed under the prescriber's delegatory authority,

 9    the delegatee who dispenses the prescription drugs shall initial

10    the patient's chart, clinical record, or log of prescription

11    drugs dispensed.  In a patient's chart or clinical record, a dis-

12    pensing prescriber shall distinguish between prescription drugs

13    dispensed to the patient and prescription drugs prescribed for

14    the patient.  A dispensing prescriber shall retain information

15    required under this subsection for not less than 5 years after

16    the information is entered in the patient's chart or clinical

17    record.

18         (4) A dispensing prescriber shall store prescription drugs

19    under conditions that will maintain their stability, integrity,

20    and effectiveness and will assure that the prescription drugs are

21    free of contamination, deterioration, and adulteration.

22         (5) A dispensing prescriber shall store prescription drugs

23    in a substantially constructed, securely lockable cabinet.

24    Access to the cabinet shall be limited to individuals authorized

25    to dispense prescription drugs in compliance with this part and

26    article 7.





   00158'97
                                   3

 1         (6) Unless otherwise requested by a patient, a dispensing

 2    prescriber shall dispense a prescription drug in a safety closure

 3    container that complies with the poison prevention packaging act

 4    of 1970, Public Law 91-601, 84 Stat. 1670.

 5         (7) A dispensing prescriber shall dispense a drug in a con-

 6    tainer that bears a label containing all of the following

 7    information:

 8         (a) The name and address of the location from which the pre-

 9    scription drug is dispensed.

10         (b) The patient's name and record number.

11         (c) The date the prescription drug was dispensed.

12         (d) The prescriber's name.

13         (e) The directions for use.

14         (f) The name and strength of the prescription drug.

15         (g) The quantity dispensed.

16         (h) The expiration date of the prescription drug or the

17    statement required under section 17756.

18         (8) In addition to meeting the requirements of this part, a

19    dispensing prescriber who dispenses controlled substances shall

20    comply with section 7303a.

21         (9) The board may periodically inspect locations from which

22    prescription drugs are dispensed.

23         (10) The act, task, or function of dispensing prescription

24    drugs shall be delegated only as provided in section 16215 and

25    this part.

26         (11) A supervising physician may delegate in writing to a

27    pharmacist practicing in a hospital pharmacy within a hospital



   00158'97
                                   4

 1    licensed under article 17 the receipt of complimentary starter

 2    dose drugs other than controlled substances as defined by

 3    article 7 or federal law.  When the delegated receipt of compli-

 4    mentary starter dose drugs occurs, both the pharmacist's name and

 5    the supervising physician's name shall be used, recorded, or oth-

 6    erwise indicated in connection with each receipt.  A pharmacist

 7    described in this subsection may dispense a prescription for com-

 8    plimentary starter dose drugs written or transmitted by other

 9    means of communication by a prescriber.

10         (12) As used in this section, "complimentary starter dose"

11    means A prescription  drugs  DRUG packaged, dispensed, and dis-

12    tributed in accordance with state and federal law IN A QUANTITY

13    OF NOT MORE THAN A 72-HOUR SUPPLY OR 1 PREPACKAGED STARTER DOSE

14    UNIT FROM THE MANUFACTURER that  are  IS provided to a dispensing

15    prescriber free of charge by a manufacturer or distributor and

16    dispensed free of charge by the dispensing prescriber to his or

17    her patients.

18         (13) THE LIMITATION ON QUANTITY CONTAINED IN SUBSECTION (12)

19    DOES NOT PROHIBIT A DISPENSING PRESCRIBER FROM DISPENSING MORE

20    THAN 1 COMPLIMENTARY STARTER DOSE TO A PATIENT.  HOWEVER, IF A

21    DISPENSING PRESCRIBER DOES DISPENSE MORE THAN 1 COMPLIMENTARY

22    STARTER DOSE TO A PATIENT, THE DISPENSING PRESCRIBER SHALL COMPLY

23    WITH THE LABELING REQUIREMENTS OF SUBSECTION (7).











   00158'97          Final page.                            CPD