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.