SB-0360, As Passed House, October 19, 2017

SB-0360, As Passed Senate, June 22, 2017

SUBSTITUTE FOR

SENATE BILL NO. 360

     A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending section 17751 (MCL 333.17751), as amended by 2016 PA

49.

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) Subject to subsection (5), a pharmacist may dispense a

prescription written and signed; written or created in an

electronic format, signed, and transmitted by facsimile; or

transmitted electronically or by other means of communication by a

physician prescriber, dentist prescriber, or veterinarian

prescriber in another state, 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) Except as otherwise authorized under section 5110, 17744a,

or 17744b, if the prescriber is a physician or dentist, that the

prescription was issued pursuant to an existing physician-patient

or dentist-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 dispense a drug or device under a

prescription transmitted by facsimile or created in electronic

format and printed out for use by the patient unless the document

is manually signed by the prescriber. This subsection does not

apply to a prescription that is transmitted by a computer to a

facsimile machine if that prescription complies with section 17754.

     (6) After consultation with and agreement from the prescriber,

a pharmacist may add or change a patient's address, a dosage form,

a drug strength, a drug quantity, directions a direction for use,

or an issue date with regard to a prescription. A pharmacist shall

note the details of the consultation and agreement required under

this subsection on the prescription and shall maintain that

documentation with the prescription as required in section 17752. A

pharmacist shall not change the patient's name, controlled

substance prescribed unless authorized to dispense a lower cost

generically equivalent drug product under section 17755, or the

prescriber's signature with regard to a prescription.

     (7) A prescription that is contained within a patient's chart

in a health facility or agency licensed under article 17 or other

medical institution and that is transmitted to a pharmacy under

section 17744 is the original prescription. If all other

requirements of this part are met, a pharmacist shall dispense a

drug or device under a prescription described in this subsection. A

pharmacist may dispense a drug or device under a prescription

described in this subsection even if the prescription does not

contain the quantity ordered. If a prescription described in this

subsection does not contain the quantity ordered, the pharmacist

shall consult with the prescriber to determine an agreed-upon

quantity. The pharmacist shall record the quantity dispensed on the

prescription and shall maintain that documentation with the

prescription as required in section 17752.

     (8) If, after consulting with a patient, a pharmacist

determines in the exercise of his or her professional judgment that

dispensing additional quantities of a prescription drug is

appropriate for the patient, the pharmacist may dispense, at one

time, additional quantities of the prescription drug up to the

total number of dosage units authorized by the prescriber on the

original prescription for the patient and any refills of the

prescription. Except for a controlled substance included in

schedule 5 that does not contain an opioid, this subsection does

not apply to a prescription for a controlled substance.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.