May 12, 2009, Introduced by Reps. Mayes, Moore, Stamas and Ball and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding section 17776.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 17776. (1) A pharmacy or charitable clinic that meets the
eligibility requirements for participation in the PALMS established
by section 17775 and any rules promulgated under section 17777 may
do any of the following:
(a) Dispense prescription drugs donated under the PALMS to
eligible participants.
(b) If established by rule under section 17777, charge
eligible participants who receive donated unused prescription drugs
a handling fee for the service.
(2) A pharmacy or charitable clinic that meets the eligibility
requirements for participation in the PALMS established by section
17775 and any rules promulgated under section 17777 and that
accepts donated unused prescription drugs for the PALMS shall do
all of the following:
(a) Comply with all applicable federal laws and regulations
and state laws and rules related to the storage and distribution of
harmful drugs.
(b) Inspect all donated unused prescription drugs before
dispensing the prescription drugs to determine that such drugs are
not adulterated.
(c) Dispense prescription drugs only pursuant to a
prescription issued by a health professional.
(d) Destroy and dispose of prescription drugs and other
medications that are donated and that are ineligible for
distribution under the PALMS subject to rules promulgated under
section 17777.
(3) Unused prescription drugs donated under the PALMS shall
not be resold. Reimbursement from a governmental agency to a
charitable clinic does not constitute resale of prescription drugs
under this subsection.
(4) For purposes of the lawful donation, acceptance, or
dispensing of prescription drugs under the PALMS, the following
persons that are in compliance with the PALMS, this section and
sections 17775 and 17777, and any rules promulgated under section
17777 and in the absence of bad faith or gross negligence are not
subject to criminal or civil liability for injury other than death,
or loss to person or property, or professional disciplinary action:
(a) The board.
(b) The department.
(c) An individual, health facility or agency, adult foster
care facility, assisted living facility, or manufacturer that
donates prescription drugs to the PALMS.
(d) A pharmacy, charitable clinic, or health professional that
accepts or dispenses prescription drugs for the PALMS.
(e) A pharmacy or charitable clinic that employs a health
professional who accepts unused prescription drugs for the PALMS
and who may legally dispense prescription drugs under this part.
(5) For purposes of the lawful donation, acceptance, or
dispensing of a prescription drug manufactured by the manufacturer
that is donated by any entity under the PALMS, a manufacturer is
not, in the absence of bad faith or gross negligence, subject to
criminal or civil liability for injury other than for death, or
loss to person or property, including, but not limited to,
liability for failure to transfer or communicate product or
consumer information or for failure to transfer or communicate the
expiration date of the donated prescription drug.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 95th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 4911(request no.
01385'09 **).
(b) Senate Bill No. 565 or House Bill No.____ (request no.
02448'09 *).