SB-0092, As Passed House, August 27, 2014

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 92

      A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending sections 16333, 17703, 17707, 17711, 17721, and 17731

(MCL 333.16333, 333.17703, 333.17707, 333.17711, 333.17721, and

333.17731), section 16333 as added by 1993 PA 80, section 17703

as amended by 2012 PA 209, section 17707 as amended by 2014 PA

280, sections 17711 and 17721 as amended by 2006 PA 390, and

section 17731 as amended by 1994 PA 234, and by adding sections

17739, 17739a, 17739b, and 17739c.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1        Sec. 16333. Fees for a person licensed or seeking licensure

 2  to engage in the practice of pharmacy or other practices

 3  regulated under part 177 are as follows:

1  (a)   Application processing fees:

2  (i)    Pharmacist.................................  $ 20.00

3  (ii)   Pharmacy...................................    35.00

4  (iii)   Drug control...............................    20.00

5  (iv)   Manufacturer or wholesaler.................    50.00

6  (v)   Clinical thermometer.......................    50.00

7  (v)   Pharmacy technician........................    25.00

8  (b)   Examination fees:

9  Jurisprudence examination..................    30.00

10 (c)   License fees, per year:

11 (i)    Pharmacist.................................    30.00

12 (ii)   Pharmacy...................................    50.00

13 (iii)   Drug control...............................    15.00

14 (iv)   Manufacturer or wholesaler.................    25.00

15 (v)   Clinical thermometer.......................    25.00

16 (v)   Pharmacy technician........................    30.00

17 (d)   Temporary license for pharmacist...........    25.00

18 (e)   Limited license for pharmacist, per year...    15.00

19 (f)   Temporary license for pharmacy technician...   15.00

20 (g)   Limited license for pharmacy technician,

21 per year....................................   10.00

22        Sec. 17703. (1) "Device" means an instrument, apparatus, or

23  contrivance, including its components, parts, and accessories,

24  intended for use in the diagnosis, cure, mitigation, treatment,

25  or prevention of disease in human beings or other animals, or to

26  affect the structure or function of the body of human beings or

27  other animals.

28        (2) "Dispense" means to issue 1 or more doses of a drug for

29  subsequent administration to, or use by, a patient.

 1        (3) "Dispensing prescriber" means a prescriber, other than a

 2  veterinarian, who dispenses prescription drugs.

 3        (4) "Drug" means any of the following:

 4        (a) A substance recognized or for which the standards or

 5  specifications are prescribed in the official compendium.

 6        (b) A substance intended for use in the diagnosis, cure,

 7  mitigation, treatment, or prevention of disease in human beings

 8  or other animals.

 9        (c) A substance, other than food, intended to affect the

10  structure or a function of the body of human beings or other

11  animals.

12        (d) A substance intended for use as a component of a

13  substance specified in subdivision (a), (b), or (c), but not

14  including a device or its components, parts, or accessories.

15        (5) "Electronic signature" means an electronic sound,

16  symbol, or process attached to or logically associated with a

17  record and executed or adopted by a person with the intent to

18  sign the record.

19        (6) "Electronically transmitted prescription" means the

20  communication of an original prescription or refill authorization

21  by electronic means including computer to computer, computer to

22  facsimile machine, or electronic mail transmission that contains

23  the same information it contained when the prescriber or his or

24  her agent transmitted the prescription. Electronically

25  transmitted prescription does not include a prescription or

26  refill authorization transmitted by telephone or facsimile

27  machine.

 1        Sec. 17707. (1) "Personal charge" means the immediate

 2  physical presence of a pharmacist or dispensing prescriber.

 3        (2) "Pharmacist" means an individual licensed under this

 4  article to engage in the practice of pharmacy.

 5        (3) "Pharmacist in charge" or "PIC" means the pharmacist who

 6  is designated by a pharmacy, manufacturer, or wholesale

 7  distributor as its pharmacist in charge under section 17748(2).

 8        (4) "Pharmacist intern" or "intern" means an individual who

 9  satisfactorily completes the requirements set forth in rules

10  promulgated under this part by the department in consultation

11  with the board and is licensed by the board for the purpose of

12  obtaining instruction in the practice of pharmacy from a

13  preceptor approved by the board.

14        (5) "Pharmacy" means a building or part of a building in

15  which the practice of pharmacy is conducted. For the purpose of a

16  duty placed on a pharmacy under this part, "pharmacy" means the

17  person to which the pharmacy license is issued, unless otherwise

18  specifically provided.

19        (6) "Pharmacy technician" means an individual who is

20  required to hold a health profession subfield license under this

21  part to serve as a pharmacy technician.

22  (7) (6) "Practice of pharmacy" means a health service, the

23  clinical application of which includes the encouragement of

24  safety and efficacy in the prescribing, dispensing,

25  administering, and use of drugs and related articles for the

26  prevention of illness, and the maintenance and management of

27  health. Practice of pharmacy includes the direct or indirect

 1  provision of professional functions and services associated with

 2  the practice of pharmacy. Professional functions associated with

 3  the practice of pharmacy include:

 4        (a) The interpretation and evaluation of the prescription.

 5        (b) Drug product selection.

 6        (c) The compounding, dispensing, safe storage, and

 7  distribution of drugs and devices.

 8        (d) The maintenance of legally required records.

 9        (e) Advising the prescriber and the patient as required as

10  to contents, therapeutic action, utilization, and possible

11  adverse reactions or interactions of drugs.

12        Sec. 17711. (1) A person shall not engage in the practice of

13  pharmacy or serve as a pharmacy technician unless licensed or

14  otherwise authorized by this article.

15        (2) The following words, titles, or letters or a combination

16  thereof, of words, titles, or letters, with or without qualifying

17  words or phrases, are restricted in use only to those persons

18  authorized under this part to use the terms and in a way

19  prescribed in this part: "pharmacy", "pharmacist", "Pharm.D",

20  "doctor of pharmacy", "pharmacy intern", "pharmacy technician",

21  "licensed pharmacy technician", "certified pharmacy technician",

22  "CPhT", "apothecary", "dispensary", "drugstore", "druggist",

23  "medicine store", "prescriptions", and "r.ph.".

24        Sec. 17721. (1) The Michigan board of pharmacy is created in

25  the department and shall consist consists of the following 11

26  voting members who shall meet the requirements of part 161: 6

27        (a) Six pharmacists. and 5

 1        (b) One pharmacy technician.

 2        (c) Four public members.

 3        (2) The terms of office of the individual members of the

 4  board created under this section, except those appointed to fill

 5  vacancies, expire 4 years after appointment on June 30 of the

 6  year in which the term expires.

 7        Sec. 17731. (1) Notwithstanding the requirements of part

 8  161, the board may require either of the following:

 9        (a) That a licensee seeking renewal of a pharmacist's

10  license to furnish the board department with satisfactory

11  evidence that during the 2 years immediately preceding

12  application for renewal, the applicant has he or she attended

13  continuing education courses or programs, approved by the board,

14  totaling not less than 30 hours or the satisfactory completion of

15  satisfactorily completed a proficiency examination according to

16  rules promulgated by the department in consultation with the

17  board.

18        (b) That a licensee seeking renewal of a pharmacy

19  technician's license furnish the department with satisfactory

20  evidence that during the 2 years immediately preceding

21  application for renewal, he or she has attended at least 20 hours

22  of continuing education courses or programs, approved by the

23  board, or satisfactorily completed a proficiency examination

24  according to rules promulgated by the department in consultation

25  with the board.

26        (2) As required under section 16204, the The department in

27  consultation with the board shall promulgate rules requiring each

 1  applicant for license renewal to complete as part of the

 2  continuing education or proficiency examination requirement of

 3  subsection (1) an appropriate number of hours or courses in pain

 4  and symptom management.

 5        Sec. 17739. (1) An individual who performs any of the

 6  following functions is considered to be serving as a pharmacy

 7  technician and, except as otherwise provided in this part, is

 8  required to be licensed under this part as a pharmacy technician:

 9        (a) Assisting in the dispensing process.

10        (b) Handling transfer of prescriptions, except controlled

11  substances prescriptions.

12        (c) Compounding drugs.

13        (d) Preparing or mixing intravenous drugs for injection into

14  a human patient.

15        (e) Contacting prescribers concerning prescription drug

16  order clarification, which does not include drug regimen review

17  or clinical or therapeutic interpretation.

18        (f) Receiving verbal orders for prescription drugs, except

19  orders for controlled substances.

20        (g) Subject to section 16215, performing any other functions

21  authorized under rules promulgated by the department in

22  consultation with the board.

23        (2) A pharmacy or dispensing prescriber that utilizes the

24  services of a pharmacy technician shall ensure that all of the

25  following requirements, as applicable, are met:

26        (a) The pharmacy technician is licensed or otherwise

27  authorized to serve as a pharmacy technician under this part.

 1        (b) The pharmacy technician only performs the activities or

 2  functions that he or she is licensed or otherwise authorized to

 3  perform under this part or rules promulgated under this part.

 4        (c) Except as otherwise provided by rule promulgated by the

 5  department in consultation with the board, the pharmacy

 6  technician only performs the activities or functions described in

 7  subdivision (b) under the supervision and personal charge of the

 8  pharmacist or dispensing prescriber.

 9        Sec. 17739a. (1) Subject to subsection (2), the department

10  may license an individual who meets all of the following

11  requirements as a pharmacy technician under this part:

12        (a) Submits a completed application to the department on a

13  form prescribed by the department.

14        (b) Graduated from an accredited high school or comparable

15  school or educational institution or passed the general

16  educational development test or other graduate equivalency

17  examination.

18        (c) Satisfies the requirements of section 16174.

19        (d) Except as otherwise provided in subsection (4), passes

20  and submits proof to the department of passage of any of the

21  following:

22        (i) The certified pharmacy technician examination given by

23  the pharmacy technician certification board.

24        (ii) The certified pharmacy technician examination given by

25  the national healthcareer association.

26        (iii) Any other nationally recognized and administered

27  certification examination approved by the board.

 1        (iv) An employer-based training program examination that is

 2  approved by the board and covers job descriptions, pharmacy

 3  security, commonly used medical abbreviations, routes of

 4  administration, product selection, final check by pharmacists,

 5  guidelines for the use of pharmacy technicians, pharmacy

 6  terminology, basic drug information, basic calculations, quality

 7  control procedures, state and federal laws and regulations

 8  regarding pharmacy technician duties, pharmacist duties, pharmacy

 9  intern duties, prescription or drug order processing procedures,

10  drug record-keeping requirements, patient confidentiality, and

11  pharmacy security and drug storage.

12        (2) An individual who is not a pharmacist, pharmacist

13  intern, or pharmacy technician shall not perform any of the

14  functions described in section 17739(1) for a pharmacy.

15        (3) A pharmacist shall not allow any individual employed or

16  otherwise under the personal charge of the pharmacist to violate

17  subsection (2). A person that owns, manages, operates, or

18  conducts a pharmacy shall not allow any individual employed or

19  otherwise under the control of that person to violate subsection

20  (2).

21        (4) An individual who meets any of the following is not

22  required to meet the examination requirement described in

23  subsection (1)(d) to be eligible for a license under subsection

24  (1):

25        (a) As provided in section 16171(a), is a student in a

26  pharmacy technician program approved by the board.

27        (b) Is applying for a temporary license under section

 1  17739b.

 2        (c) Is applying for a limited license under section 17739c.

 3        Sec. 17739b. (1) Subject to section 17739a(4), the

 4  department may issue a temporary license as a pharmacy technician

 5  to an individual who is preparing for the examination under

 6  section 17739a(1)(d). Notwithstanding section 16181, the term of

 7  a temporary license issued under this section expires 210 days

 8  after the date the temporary license is issued.

 9        (2) An individual requesting a temporary license under this

10  section shall submit a completed application, on a form

11  prescribed by the department, to the department and pay the

12  applicable fee under section 16333.

13        (3) An individual who holds a temporary license as a

14  pharmacy technician issued under subsection (1) is subject to all

15  of the requirements of this part, and rules promulgated by the

16  department in consultation with the board, applicable to pharmacy

17  technicians except the examination requirement under section

18  17739a(1)(d).

19        Sec. 17739c. (1) In addition to the requirement of section

20  16182 and subject to section 17739a(4), the department may issue

21  a limited license as a pharmacy technician to an individual if

22  all of the following are met:

23        (a) The individual was employed as a pharmacy technician by

24  a pharmacy on the effective date of the amendatory act that added

25  this section and has been continuously employed by that pharmacy

26  since that date.

27        (b) The individual submits a completed application to the

 1  department on a form prescribed by the department and meets the

 2  requirements of section 16174.

 3        (c) The individual provides documentation of satisfactory

 4  employment as a pharmacy technician for a minimum of 1,000 hours

 5  during the 2-year period immediately preceding the date of his or

 6  her application under subdivision (b).

 7        (d) The applicable fee under section 16333 is paid.

 8        (2) An individual who holds a limited license under this

 9  section may only act as a pharmacy technician for the pharmacy

10  described in subsection (1)(a) and only until 1 of the following

11  occurs:

12        (a) He or she is no longer employed by that pharmacy to

13  perform those functions.

14        (b) He or she performs any of those functions for another

15  pharmacy.

16        (3) The term of a limited pharmacy technician license issued

17  by the department under this section is the same as a pharmacy

18  technician license issued by the department under section 17739a.

19        (4) An individual who holds a limited pharmacy technician

20  license issued under this section is subject to all of the

21  requirements of this part, and the rules promulgated by the

22  department in consultation with the board, except the examination

23  requirement under section 17739a(1)(d).

24        Enacting section 1. This amendatory act takes effect 90 days

25  after the date it is enacted into law.