HOUSE BILL No. 4017

 

January 27, 2005, Introduced by Rep. Kahn and referred to the Committee on Health Policy.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending sections 17757 and 17757a (MCL 333.17757 and

 

333.17757a), section 17757 as amended by 1986 PA 304 and section

 

17757a as amended by 1993 PA 305, and by adding section 17753.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 17753. (1) Within 1 year after the effective date of the

 

amendatory act that added this section, the board, in cooperation

 

with the Michigan medication safety coalition and the Michigan

 

pharmacists association, shall develop, implement, and administer a

 

quality assurance program designed, at a minimum, to identify,

 

document, assess, and prevent prescription medication errors that

 

occur in pharmacies or that are attributable, in whole or in part,


 

to the pharmacy or its personnel, a pharmacist, or a dispensing

 

prescriber. The quality assurance program shall assist pharmacies,

 

pharmacists, and dispensing prescribers to take appropriate action

 

to prevent prescription medication errors or to prevent recurrence.

 

The quality assurance program may include a peer review committee

 

appointed by any of the following:

 

     (a) This state.

 

     (b) An established professional standards review organization

 

qualified under federal or state law.

 

     (c) A foundation, organization, or group of professionals and

 

experts nominated by the Michigan medication safety coalition and

 

the Michigan pharmacists association and approved by the board.

 

     (2) A person, organization, or entity may provide information,

 

data, or records to a peer review committee appointed under

 

subsection (1). Information and records generated for and

 

maintained as a component of the quality assurance program are

 

considered peer review documents, are confidential, and shall be

 

used only for the purposes of peer review. In the absence of

 

malice, a person, organization, or entity is not civilly or

 

criminally liable for providing information, data, or records

 

pursuant to this section or for any act or communication in the use

 

of the information provided pursuant to this section.

 

     (3) The department, in consultation with the board, may

 

promulgate rules to implement this section, including, but not

 

limited to, standards, policies, and procedures for the

 

implementation and administration of a quality assurance program. 

 

The board may require each pharmacy licensed under this part to


 

implement a quality assurance program.

 

     (4) A pharmacist shall provide, upon request, to the purchaser

 

of a prescription drug information about how to contact the board

 

or the quality assurance program directly if he or she has a

 

complaint regarding the dispensing of his or her prescription or

 

believes that a prescription medication error may have occurred.

 

     (5) As used in this section, "prescription medication error"

 

means a preventable event that occurred while the medication is in

 

control of the health care professional or health facility that may

 

cause or lead to inappropriate medication use or patient harm. A

 

preventable event may be related to any step related to the health

 

profession and its procedures or systems, including, but not

 

limited to, the prescribing, compounding, dispensing, or

 

distribution of a prescription; the ordering or communication of

 

the prescription to the dispensing prescriber; the labeling,

 

packaging, or naming of the prescription; the monitoring of the use

 

of a prescription; and the educating of the patient regarding the

 

prescription.

 

     Sec. 17757. (1) Upon a request made in person or by telephone,

 

a pharmacist engaged in the business of selling drugs at retail

 

shall provide the current selling price of a drug dispensed by that

 

pharmacy or comparative current selling prices of generic and brand

 

name drugs dispensed by that pharmacy. The information shall be

 

provided to the person making the request before a drug is

 

dispensed to the person. A person who makes a request for price

 

information under this subsection shall not be obligated to

 

purchase the drug for which the price or comparative prices are


 

requested.

 

     (2) A pharmacist engaged in the business of selling drugs at

 

retail shall conspicuously display the notice described in

 

subsection (3) at each counter over which prescription drugs are

 

dispensed.

 

     (3) The notice required under subsection (2) shall be in

 

substantially the following form:

 

NOTICE TO CONSUMERS

 

ABOUT PRESCRIPTION DRUGS

 

     Under Michigan law, you have the right to find out the price

 

of a prescription drug before the pharmacist fills the

 

prescription. You are under no obligation to have the prescription

 

filled here and may use this price information to shop around at

 

other pharmacies. You may request price information in person or by

 

telephone.

 

     Every pharmacy has the current selling prices of both generic

 

and brand name drugs dispensed by the pharmacy.

 

     Ask your pharmacist if a lower-cost generic drug is available

 

to fill your prescription. A generic drug contains the same

 

medicine as a brand name drug and is a suitable substitute in most

 

instances.

 

     A generic drug may not be dispensed by your pharmacist if your

 

doctor has written "dispense as written" or the initials "d.a.w."

 

on the prescription.

 

     If you have questions about the drugs which have been

 

prescribed for you, ask your doctor or pharmacist for more

 

information.


 

     To avoid dangerous drug interactions, let your doctor and

 

pharmacist know about any other medications you are taking. This is

 

especially important if you have more than 1 doctor or have

 

prescriptions filled at more than 1 pharmacy.

 

     If you believe that a prescription medication error may have

 

occurred in the dispensing of your prescription, you may contact

 

the Michigan board of pharmacy or the quality assurance program.

 

     (4) The notice required under subsection (2) shall also

 

contain the address and phone number of the board and the

 

department. The text of the notice shall be in at least 32-point

 

bold type and shall be printed on paper at least 11 inches by 17

 

inches in size. The notice may be printed on multiple pages.

 

     (5) A copy of the notice required under subsection (2) shall

 

be provided to each licensee by the department. Additional copies

 

shall be available if needed from the department. A person may

 

duplicate or reproduce the notice if the duplication or

 

reproduction is a true copy of the notice as produced by the

 

department, without any additions or deletions whatsoever. The

 

department may continue to distribute copies of the notice within

 

its possession until the department's stock is exhausted or until 1

 

year after the effective date of the amendatory act that added

 

section 17753, whichever is sooner.

 

     (6) The pharmacist shall furnish to the purchaser of a

 

prescription drug at the time the drug is delivered to the

 

purchaser a receipt evidencing the transactions, which contains the

 

following:

 

     (a) The brand name of the drug, if applicable.


 

     (b) The name of the manufacturer or the supplier of the drug,

 

if the drug does not have a brand name.

 

     (c) The strength of the drug, if significant.

 

     (d) The quantity dispensed, if applicable.

 

     (e) The name and address of the pharmacy.

 

     (f) The serial number of the prescription.

 

     (g) The date the prescription was originally dispensed.

 

     (h) The name of the prescriber.

 

     (i) The name of patient for whom the drug was prescribed.

 

     (j) The price for which the drug was sold to the purchaser.

 

     (7) Subsection (6)(a), (b), and (c) may be omitted by a

 

pharmacist only if the omission is expressly required by the

 

prescriber. The pharmacist shall retain a copy of each receipt for

 

90 days. The inclusion of subsection (6) on the prescription

 

container label is a valid receipt to the purchaser. Including

 

subsection (6) on the written prescription form and retaining the

 

form constitutes retention of a copy of the receipt.

 

     (8) The board may promulgate rules to implement this section.

 

     Sec. 17757a. (1) Upon a request made in person or by

 

telephone, a dispensing prescriber engaged in the business of

 

selling prescription drugs shall provide the current selling price

 

of a drug dispensed by that dispensing prescriber or comparative

 

current selling prices of generic and brand name drugs dispensed by

 

that dispensing prescriber. The information shall be provided to

 

the person making the request before a prescription drug is

 

dispensed to the person. A person who makes a request for price

 

information under this subsection is not obligated to purchase the


 

prescription drug for which the price or comparative prices are

 

requested.

 

     (2) A dispensing prescriber engaged in the business of selling

 

prescription drugs shall conspicuously display the notice described

 

in subsection (3) in the location within the dispensing

 

prescriber's practice where the dispensing occurs.

 

     (3) The notice required under subsection (2) shall be in

 

substantially the following form:

 

NOTICE TO CONSUMERS ABOUT PRESCRIPTION DRUGS

 

     Under Michigan law, you have the right to find out the price

 

of a prescription drug before the doctor provides a prescription

 

drug directly to you. You are under no obligation to have the

 

prescription filled here and may use this price information to shop

 

around.

 

     You may choose to have the prescription filled by your doctor

 

or the pharmacy of your choice. Your doctor may not force you to

 

have the prescription filled by the doctor. Your doctor cannot

 

charge you for medications marked "sample." Ask your doctor or

 

pharmacist if a lower-cost generic drug is available to fill your

 

prescription. A generic drug contains the same medicine as a brand

 

name drug and is a suitable substitute in most cases. If you have

 

questions about the drugs which have been prescribed for you, ask

 

your doctor or pharmacist for more information. To avoid dangerous

 

drug interactions, let your doctor and pharmacist know about any

 

other medications you are taking. This is especially important if

 

you have more than 1 doctor or have prescriptions filled at more

 

than 1 location.


 

     If you believe that a prescription medication error may have

 

occurred in the dispensing of your prescription, you may contact

 

the Michigan board of pharmacy or the quality assurance program.

 

     (4) The notice required under subsection (2) shall also

 

contain the address and phone number of the board and the

 

department. The text of the notice shall be in at least 32-point

 

bold type and shall be printed on paper at least 11 inches by 17

 

inches in size. The notice may be printed on multiple pages.

 

     (5) A copy of the notice required under subsection (2) shall

 

be provided to each dispensing prescriber by the department.

 

Additional copies shall be available if needed from the department.

 

A person may duplicate or reproduce the notice if the duplication

 

or reproduction is a true copy of the notice as produced by the

 

department, without any additions or deletions.  The department may

 

continue to distribute copies of the notice within its possession

 

until the department's stock is exhausted or until 1 year after the

 

effective date of the amendatory act that added section 17753,

 

whichever is sooner.

 

     Enacting section 1.  Sections 17757 and 17757a of the public

 

health code, 1978 PA 368, MCL 333.17757 and 333.17757a, as amended

 

by this amendatory act, take effect upon the implementation of the

 

quality assurance program required under section 17753 of the

 

public health code, 1978 PA 368, MCL 333.17753, as added by this

 

amendatory act, and receipt by the secretary of state of written

 

notice from the Michigan board of pharmacy that the quality

 

assurance program is operational.