May 3, 2017, Introduced by Senator O'BRIEN and referred to the Committee on Health Policy.
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) A pharmacist may dispense, at 1 time, additional
quantities of a prescription drug up to the total number of dosage
units authorized by the prescriber on the original prescription and
any refills of the prescription, not to exceed a 90-day supply.
Except for a controlled substance included in schedule 5 of part 72
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.