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.