SB-0352, As Passed Senate, May 12, 2005

SUBSTITUTE FOR

SENATE BILL NO. 352

     A bill to amend 1978 PA 368, entitled

"Public health code,"

(MCL 333.1101 to 333.25211) by adding section 17753.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 17753. (1) A pharmacy may perform centralized

prescription processing services or outsource those services to

another pharmacy if each of the following conditions is satisfied:

     (a) The pharmacies have the same owner or have a written

contract outlining the services to be provided and the

responsibilities and accountabilities of each pharmacy in

fulfilling the terms of the contract in compliance with federal and

state laws and regulations.

     (b) The pharmacies share a common electronic file or have

appropriate technology to allow access to sufficient information

necessary or required to prepare a prescription drug order.

     (c) The pharmacies comply with federal and state laws and

regulations.

     (2) A pharmacy that performs, or contracts for, centralized

prescription processing services shall maintain a policy and

procedures manual, along with documentation that implementation is

occurring, and each shall be made available to the board for

inspection and review upon request and the manual shall include,

but is not limited to, a detailed description of how the pharmacies

will do all of the following:

     (a) Maintain appropriate records to identify the responsible

pharmacist, or pharmacists, in the various stages of the drug

product preparation, dispensing, and counseling process.

     (b) Track the prescription drug order during each step in the

drug product preparation, dispensing, and counseling process.

     (c) Identify on the prescription label each pharmacy involved

in the preparation and dispensing of the prescription drug order.

     (d) Provide adequate security to protect the confidentiality

and integrity of a patient's protected health information.

     (e) Implement and maintain a quality improvement program for

pharmacy services designed to objectively and systematically

monitor and evaluate the quality and appropriateness of patient

care, pursue opportunities to improve patient care, and resolve

identified problems.

     (3) As used in this section, "centralized prescription

processing" means the processing by a pharmacy of a request from

another pharmacy to fill or refill a prescription drug order or to

perform processing functions such as dispensing, performing drug

utilization review, completing claims adjudication, obtaining

refill authorizations, initiating therapeutic interventions, and

other functions related to the practice of pharmacy.

     Enacting section 1.  This amendatory act does not take effect

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

law.