May 12, 2009, Introduced by Senator STAMAS 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 17777.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 17777. (1) Subject to subsection (2), the department, in
consultation with the board, shall promulgate rules and establish
procedures necessary to establish, implement, and administer the
PALMS. The board shall provide technical assistance to individuals,
health facilities and agencies, adult foster care facilities,
assisted living facilities, manufacturers, pharmacies, and
charitable clinics that participate in the PALMS.
(2) The department, in consultation with the board, shall
promulgate emergency rules under the administrative procedures act
of 1969 on or before the expiration of 6 months after the effective
date of this section to establish, implement, and administer the
PALMS. The department, in consultation with the board, shall
promulgate permanent rules pursuant to the administrative
procedures act of 1969 as soon as practical after emergency rules
have been promulgated under this subsection. The department and the
board shall include all of the following in rules promulgated under
this section:
(a) Eligibility criteria for pharmacies and charitable clinics
authorized to receive and dispense donated prescription drugs for
the PALMS.
(b) Eligibility criteria for eligible participants.
(c) Establishment of a formulary that includes all
prescription drugs approved by the federal food and drug
administration.
(d) Standards and procedures for transfer, transportation,
acceptance, safe storage, security, and dispensing of donated
prescription drugs.
(e) A process for seeking input from the department in
establishing provisions that affect health facilities and agencies,
adult foster care facilities, and assisted living facilities.
(f) A process for seeking input from the department and the
department of human services in establishing provisions that affect
mental health and substance abuse clients.
(g) Standards and procedures for inspecting donated
prescription drugs to ensure that the prescription drugs meet the
requirements of the PALMS and to ensure that, in the professional
judgment of the pharmacist, the prescription drugs meet all federal
and state standards for product integrity.
(h) Procedures for the destruction and environmentally sound
disposal of prescription drugs or other medications that are
donated and that are controlled substances or otherwise ineligible
for distribution under the PALMS.
(i) Procedures for verifying whether the charitable clinic,
pharmacy, responsible pharmacist, or other health professionals
participating in the PALMS are licensed and in good standing with
the applicable licensing board.
(j) Establishment of standards for acceptance of unused
prescription drugs from individuals, health facilities and
agencies, adult foster care facilities, and assisted living
facilities.
(k) Any other standards and procedures the department, in
consultation with the board, considers appropriate or necessary to
establish, implement, and administer the PALMS.
(3) Pursuant to the rules promulgated and procedures
established for the PALMS under this section and section 17775, an
individual; a resident of a health facility or agency, adult foster
care facility, or assisted living facility; or the representative
or guardian of an individual or a resident of a facility may donate
unused prescription drugs for dispensing to eligible participants
under the PALMS.
(4) This section and sections 17775 and 17776 do not impair or
supersede the provisions regarding the cancer drug repository
program established in section 17780. If any provision of this
section or section 17775 or 17776 conflicts with a provision of
that section with regard to cancer drugs, that section controls.
(5) As used in this section and sections 17775 and 17776:
(a) "Adult foster care facility" means an adult foster care
facility licensed under the adult foster care facility licensing
act, 1979 PA 218, MCL 400.701 to 400.737.
(b) "Cancer drug" means that term as defined in section 17780.
(c) "Charitable clinic" means a charitable nonprofit
corporation or facility that meets all of the following
requirements:
(i) Is organized as a not-for-profit corporation pursuant to
the nonprofit corporation act, 1982 PA 162, MCL 450.2101 to
450.3192.
(ii) Holds a valid exemption from federal income taxation
issued pursuant to section 501(a) of the internal revenue code, 26
USC 501.
(iii) Is listed as an exempt organization under section 501(c)
of the internal revenue code, 26 USC 501.
(iv) Provides on an outpatient basis for a period of less than
24 consecutive hours to persons not residing or confined at the
facility advice, counseling, diagnosis, treatment, surgery, care,
or services relating to the preservation or maintenance of health.
(v) Has a licensed pharmacy.
(d) "Eligible participant" means an individual who meets all
of the following requirements:
(i) Is a resident of this state.
(ii) Is eligible to receive medicaid or medicare or has no
health insurance and otherwise lacks reasonable means to purchase
prescription drugs, as prescribed in rules promulgated under this
section.
(e) "Health facility or agency" means that term as defined in
section 20106.
(f) "Health professional" means any of the following
individuals licensed and authorized to prescribe and dispense drugs
or to provide medical, dental, or other health-related diagnoses,
care, or treatment within the scope of his or her professional
license:
(i) A physician licensed to practice medicine or osteopathic
medicine and surgery under part 170 or 175.
(ii) A registered professional nurse licensed under part 172.
(iii) A physician's assistant licensed under part 170.
(iv) A dentist licensed under part 166.
(v) An optometrist licensed under part 174.
(vi) A pharmacist licensed under this part.
(vii) A podiatrist licensed under part 180.
(g) "PALMS" means the statewide unused prescription drug
repository and distribution program known as the program for
allocating leftover medical supplies that is established under
section 17775.
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.____ (request no.
01385'09 **).
(b) Senate Bill No.____ or House Bill No.____ (request no.
02447'09 *).