SB-0842, As Passed House, December 12, 2018

SB-0842, As Passed Senate, May 30, 2018

SUBSTITUTE FOR

SENATE BILL NO. 842

     A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending section 17766 (MCL 333.17766), as amended by 2006 PA

416, and by adding sections 7423 and 21418.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 7423. The delivery of a controlled substance under

section 21418 for the purpose of disposing of the controlled

substance is not a violation of this article.

Sec. 17766. Except as provided in sections 17766d, and 17780,

and 21418, a person who that does any of the following is guilty of

a misdemeanor:

     (a) Obtains or attempts to obtain a prescription drug by

giving a false name to a pharmacist or other authorized seller,

prescriber, or dispenser.

     (b) Obtains or attempts to obtain a prescription drug by

falsely representing that he or she is a lawful prescriber,

dispenser, or licensee, or acting on behalf of a lawful prescriber,

dispenser, or licensee.

     (c) Falsely makes, utters, publishes, passes, alters, or

forges a prescription.

     (d) Knowingly possesses a false, forged, or altered

prescription.

     (e) Knowingly attempts to obtain, obtains, or possesses a drug

by means of a prescription for other than a legitimate therapeutic

purpose, or as a result of a false, forged, or altered

prescription.

     (f) Possesses or controls for the purpose of resale, or sells,

offers to sell, dispenses, or gives away, a drug, pharmaceutical

preparation, or chemical that has been dispensed on prescription

and has left the control of a pharmacist.

     (g) Possesses or controls for the purpose of resale, or sells,

offers to sell, dispenses, or gives away, a drug, pharmaceutical

preparation, or chemical that has been damaged by heat, smoke,

fire, water, or other cause and is unfit for human or animal use.

     (h) Prepares or permits the preparation of a prescription

drug, except as delegated by a pharmacist.

     (i) Sells a drug in bulk or in an open package at auction,

unless the sale has been approved in accordance with rules of the

board.

     Sec. 21418. (1) Beginning 90 days after the department

promulgates rules to implement this section, a hospice or hospice

residence that provides services in a patient's private home shall

establish and implement a written controlled substance disposal

policy establishing procedures to be followed to mitigate the

diversion of controlled substances that are prescribed to the

patient. The policy must include all of the following:

     (a) A procedure for offering to assist with the disposal of a

controlled substance that is prescribed to a patient as part of the

patient's hospice plan of care.

     (b) A requirement that an employee provide the patient or the

patient's family education on safe disposal locations for a

controlled substance and techniques for the safe disposal of a

controlled substance when the controlled substance is no longer

needed by the patient or at the time of death.

     (c) Procedures for offering assistance with the disposal of a

controlled substance to a patient who revokes hospice care and

services.

     (d) A requirement that an employee document whether the

patient or the patient's family accepted or refused an offer to

assist with the disposal of a controlled substance when the

controlled substance is no longer needed by the patient or at the

time of death.

     (e) A requirement that if an employee assists with the

disposal of a controlled substance, the disposal is performed and

witnessed in any of the following ways:

     (i) Performed by the employee and witnessed by another

competent adult.

     (ii) Performed by the patient or the patient's family and

witnessed by another competent adult.

     (f) A requirement that if an employee assists with the

disposal of a controlled substance, the disposal must be performed

in the patient's private home.

     (2) A hospice or hospice residence that provides services in a

patient's private home shall ensure that all of the following are

met within 5 days of admission to the hospice or hospice residence

and providing hospice care or services to the patient in the

patient's private home:

     (a) That a copy of the controlled substance disposal policy

established under subsection (1) is distributed to the patient or

the patient's family and that an offer to discuss the procedures

included in the policy is made to the patient and the patient's

family.

     (b) That the patient and the patient's family are informed

that an employee will offer to assist with the disposal of a

controlled substance that is included in the patient's hospice plan

of care at the time of death or when the controlled substance is no

longer needed by the patient.

     (3) The department shall promulgate rules to implement this

section, including, but not limited to, rules governing the safe

disposal of controlled substances in a patient's private home.

     (4) As used in this section:

     (a) "At the time of death" means within 72 hours after the

patient's death.

     (b) "Employee" means a registered professional nurse or

licensed practical nurse who is employed by the hospice or hospice

residence.

     (c) "Licensed practical nurse" means an individual who is

licensed to engage in the practice of nursing as a licensed

practical nurse under article 15.

     (d) "Patient's family" means a relative or caregiver who has

been designated by the patient.

     (e) "Patient's private home" means a patient's home. As used

in this subdivision, "home" does not include a residence

established by a patient in a health facility or agency or a

residence established by a patient in an adult foster care facility

licensed under the adult foster care facility licensing act, 1979

PA 218, MCL 400.701 to 400.737.

     (f) "Registered professional nurse" means that term as defined

in section 17201.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.