HOUSE BILL No. 5978

 

April 25, 2006, Introduced by Reps. Gonzales, Alma Smith, Clack, Kathleen Law, Miller, Anderson, Farrah, Hopgood, Polidori, Accavitti and Waters and referred to the Committee on Health Policy.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending sections 17751 and 17763 (MCL 333.17751 and 333.17763),

 

as amended by 2005 PA 85.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 17751. (1) A pharmacist shall not dispense a drug

 

requiring a prescription under the federal act or a law of this

 

state except under authority of an original prescription or an

 

equivalent record of an original prescription approved by the

 

board.

 

     (2) A pharmacist may dispense a prescription written and

 

signed or transmitted by other means of communication by a

 

physician prescriber in a state other than Michigan, but not


 

including a prescription for a controlled substance as defined in

 

section 7104 except under circumstances described in section

 

17763(e), only if the pharmacist in the exercise of his or her

 

professional judgment determines all of the following:

 

     (a) That the prescription was issued pursuant to an existing

 

physician-patient relationship.

 

     (b) That the prescription is authentic.

 

     (c) That the prescribed drug is appropriate and necessary for

 

the treatment of an acute, chronic, or recurrent condition.

 

     (3) A pharmacist or a prescriber shall dispense a prescription

 

only if the prescription falls within the scope of practice of the

 

prescriber.

 

     (4) A pharmacist shall not knowingly dispense a prescription

 

after the death of the prescriber or patient.

 

     (5) A pharmacist shall not refuse to dispense or transfer a

 

prescription based solely on his or her ethical, moral, or

 

religious beliefs.

 

     Sec. 17763. In addition to the grounds set forth in part 161,

 

the disciplinary subcommittee may fine, reprimand, or place a

 

pharmacist licensee on probation, or deny, limit, suspend, or

 

revoke the license of a pharmacist or order restitution or

 

community service for a violation or abetting in a violation of

 

this part or rules promulgated under this part, or for 1 or more of

 

the following grounds:

 

     (a) Permitting the dispensing of prescriptions by an

 

individual who is not a pharmacist, pharmacist intern, or

 

dispensing prescriber.


 

     (b) Permitting the dispensing of prescriptions by a pharmacist

 

intern, except in the presence and under the personal charge of a

 

pharmacist.

 

     (c) Selling at auction drugs in bulk or in open packages

 

unless the sale has been approved in accordance with rules of the

 

board.

 

     (d) Promoting a prescription drug to the public in any manner.

 

     (e) In addition to the prohibition contained in section

 

7405(1)(e), dispensing a prescription for a controlled substance as

 

defined in section 7104 that is written and signed or transmitted

 

by a physician prescriber in a state other than Michigan, unless

 

the prescription is issued by a physician prescriber who resides

 

adjacent to the land border between this state and an adjoining

 

state or resides in Illinois or Minnesota and who is authorized

 

under the laws of that state to practice medicine or osteopathic

 

medicine and surgery and to prescribe controlled substances and

 

whose practice may extend into this state, but who does not

 

maintain an office or designate a place to meet patients or receive

 

calls in this state.

 

     (f) Refusing to dispense or transfer a prescription based

 

solely on his or her ethical, moral, or religious beliefs.