SB-0352, As Passed House, May 25, 2005

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                       HOUSE SUBSTITUTE FOR

 

                        SENATE BILL NO. 352

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 17752 (MCL 333.17752).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

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

 

thereof  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 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 include the date the

 

copy was issued, to whom issued, and the identification of the

 

pharmacist who issued the copy.

 

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

 

the original prescription except that it shall 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 be used for information purposes only and clearly

 

marked "for informational or reference purposes only".

 

     (4) Subsection (3) 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 does not take effect

 

unless House Bill No. 4434 of the 93rd Legislature is enacted into

 

law.